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Home My WebLink About2021 07 20 AIS for Code Update WS 7_20_21AGENDA ITEM SUMMARY Meeting Date: 7/20/2021 Meeting Type:Work Session Staff Contact/Dept.:Mark Rust/DPW Staff Phone No:541-726-3654 Estimated Time: 60-90 minutes S P R I N G F I E L D PLANNING COMMISSION Council Goals: Encourage Economic Development and Revitalization through Community Partnerships ITEM TITLE: DEVELOPMENT CODE UPDATE PROJECT – DRAFT CODE SECTIONS ACTION REQUESTED: Staff is asking the Planning Commission to provide input and ask questions on the draft code language for Phase 2 of the Development Code Update Project. ISSUE STATEMENT: The Purpose of the Development Code Update Project is to change the Springfield Development Code to support efficient, timely, and clear development review. The updated Development Code will support Springfield’s economic development priorities and will honor Springfield’s hometown feel now and in the future. At this meeting staff will present draft code language. The code sections presented to the PC are essentially the same as the public review drafts however staff has included track changes and comments for discussion purposes. . These code sections will be revised and finalized to develop a public hearing draft based on the community feedback received during the community engagement. This will be an opportunity for the Planning Commission to provide input and ask questions. ATTACHMENTS: Attachment 1: Draft of New Code 5.1.100 Procedures Attachment 2: Draft of New Code 3.2.300 Commercial Zones Attachment 3: Draft of New Code 3.2.400 Industrial Zones Attachment 4: Draft of New Code 6.1.100 Definitions Attachment 5: List of Significant Code Changes DISCUSSION: Background Staff last presented to the Planning Commission on July 7, 2021 where we began reviewing the draft code sections. The code sections that were covered included the Site Plan Review, 5.17.100 and Minimum Development Standards, 5.15.100. These sections can be revisited if necessary, as additional code sections are reviewed. Discussion Staff has released the public review draft sections of development code, together with community engagement materials, for Phases 1 and 2 of the Development Code Update Project. These draft code sections need to be revised and finalized based on the community engagement prior to developing a public hearing draft later this year. Staff will continue presenting the draft code sections to the Planning Commission for discussion, input, and questions. There are areas of the code sections that still have unresolved questions or options associated with them that need input. Familiarizing the Planning Commission now with the draft code sections will facilitate an easier transition to the public hearing drafts. Next Steps Staff has launched the community outreach phase of the project. Staff has scheduled regular work sessions for the Planning Commission meeting through the summer to continue to discuss the multiple sections of draft code. Page 1 of 39 June 24, 2021 Section 5.1 Development Review and Procedures 5.1.100 Purpose and Applicability 5.1.200 General Provisions 5.1.300 Type 1 Procedures 5.1.400 Type 2 and Type 3 Procedures 5.1.500 Quasi-Judicial Hearings 5.1.600 Type 4 Procedures 5.1.700 Reconsideration 5.1.800 Appeals 5.1.900 Proceedings on Remand 5.1.1000 Limitations on Approvals 5.1.1100 Declaratory Ruling 5.1.1200 Development Agreements 5.1.1300 Summary of Development Application Types 5.1.100 Purpose and Applicability 5.1.105 Purpose 5.1.110 Applicability 5.1.105 Purpose (A) This section of the Springfield Development Code (SDC) provides uniform procedures for the granting or denial of applications and determinations by the City of Springfield under the applicable State of Oregon statutes and rules, Springfield Comprehensive Plan, Springfield Development Code, and other ordinances which by their terms incorporate by reference the procedures in this section. (B) All applications required by this Code are reviewed using Type 1, 2, 3, and 4 procedures. The procedure "type" assigned to each application governs the decision-making process for that application. SDC 5.1.300, 5.1.400 and 5.1.600 describe the four review procedure types. SDC 5.1.1200 lists the applications’ procedure types. 5.1.110 Applicability (A) The provisions of this section do not apply to the issuance, suspension, or revocation of any on-site sewage disposal, sign, building, electrical or plumbing permits, except as they relate to consideration of permitted uses. (B) For lands located inside the Springfield Urban Growth Boundary, but outside the City limits, the applicability of this Code is set forth through intergovernmental agreements. (C) The following developments and activities do not require Type 1, 2, 3, or 4 review procedures, but must conform to all other applicable provisions of this Code or any other applicable Code as determined by the Director. (1) Normal maintenance, replacement, or enhancement of existing landscaping consistent with approved plans. Attachment 1, Page 1 of 39 Page 2 of 39 June 24, 2021 Development approval may be required for replacement or enhancement of landscaping as specified in SDC 3.3.300, 3.3.500, 5.17.100, 4.1.100, 5.12.100 and 5.19.100. (2) An emergency measure necessary for the safety or protection of life or property when authorized by the Director. An emergency measure may be conditioned by the requirement to obtain Development Approval at a later date. (3) Special Events sponsored by non-profit organizations and public agencies that conform to all applicable statutes, ordinances, or regulations necessary to protect the public health and safety. A Special Event is an activity sponsored by a non-profit organization or public agency that is 14 calendar days or less in duration and includes, but is not limited to school carnivals, benefit dinners, concerts, bazaars, festivals, neighborhood fairs, and revival meetings. (4) Agricultural uses and structures on any lot or parcel two acres or larger where the underlying land use district allows this use and on any size lot or parcel with a valid farm deferral tax classification from the Oregon State Department of Revenue. (5) The establishment, construction, or termination of certain public facilities authorized by the City Engineer including streets, driveways, drainage ways, sewers, pump stations, and traffic control devices, but not including substations, treatment facilities, storage tanks, reservoirs, electrical transmission structures, and communications towers, unless specified elsewhere in this Code. Underground public or private facilities, including but not limited to, water lines, electrical power distribution lines, gas distribution lines, or communication connections are also exempt. See SDC 4.3.145 for additional information concerning siting standards and the review process for certain wireless telecommunications systems facilities. (6) Excavation or filling of land as specified in Springfield Municipal Code except for any excavation or filling of land within the Flood Plain Overlay District within the Willamette Greenway Overlay District, or where an inventoried and locally-significant Goal 5 resource is present, that is subject to the standards of this Code. (7) A Single unit dwelling or a duplex within the city limits on a lawfully created lot or parcel in the R-2 or R-3 land use district that does not require Site Plan Review as determined in SDC 5.17.100. (8) A Single unit dwelling in the City’s urbanizable area on a lawfully created lot or parcel in the R-1 land use district that is less than 5 acres. (D) The Building Official will not issue a Building Permit for which Development Approval is required and has not been obtained. 5.1.200 General Provisions 5.1.205 Effect of Determinations Made Outside of Established Processes 5.1.210 Pre-Development Meetings 5.1.215 Submission of Materials 5.1.220 Application Submittal Standards 5.1.225 Acceptance of Application Commented [RM1]: Check term used elsewhere in draft/current code. Commented [MM2]: Is this in the current Code? Commented [RM3R2]: No I don’t think so, but I can double check. Much of this section is all new. Commented [KK4R2]: This is verbatim from the current code. I have had questions previously about whether this is actually consistent with the rest of the code. For example, we DO require development approval for lots of utilities named in this section: substations, treatment facilities, reservoirs, transmission lines. It would be good to discuss this section with Jeff specifically. Commented [RM5]: How does/should this apply to SFD’s? If we are saying that SFD’s don’t go through any review, even a type 1 review, the under the middle housing rules we can’t subject middle housing to any process. Technically isn’t the setback and height check we do at the front counter or as part of the building permit review for SFD’s a Type 1 review? If so this should be removed??? Commented [KK6R5]: Under the current process, detached single dwellings do not require any Type 1 permit application or Type 1 approval. They are issued based on a building permit only. The header to this section, however, states that the standards still "apply" - but it is confusing because some of the exemptions in the section obviously don't require compliance with all development standards, such as emergency facilities or special events. One way to resolve this issue would be to have a list of the types of developments that require a "building permit only" where the standards are applied at the building permit stage, and second list (this list) of things that are not at all subject to the development code. Attachment 1, Page 2 of 39 Page 3 of 39 June 24, 2021 5.1.230 Withdrawal of Application 5.1.235 Applicable Standards 5.1.240 Development Review Committee 5.1.245 Notice to Public Agencies 5.1.250 Conflicting Procedures 5.1.255 Time Computation 5.1.205 Effect of Determinations Made Outside of Established Processes (A) Any informal interpretation or determination, or any statement made outside the declaratory ruling process according to SDC 5.1.1100 or outside the process for approval or denial of a Type 2 or 3 application in conformance with SDC 5.1.400 is considered to be only a statement of opinion and not a final action. Such informal interpretations, determinations, or statements are not deemed to constitute final City action affecting a change in the status of a person’s property or conferring any rights, including any reliance rights, on any person. 5.1.210 Pre-Development Meetings (A) The City has established three pre-development meeting processes to assist prospective applicants through the application review process. (1) Development Initiation Meeting (DIM). The purpose of a Development Initiation Meeting is to give a prospective applicant the opportunity to discuss a limited number of development topics with City staff. The discussions can be general or specific depending on the questions submitted with the application. The Development Initiation Meeting is voluntary, unless specifically required elsewhere in this Code. (2) Pre-Application Meeting. A pre-application meeting is highly recommended for complex applications or for applicants who are unfamiliar with the land use process. The purpose of the meeting is to acquaint the applicant with the substantive and procedural standards of the Development Code and to identify issues likely to arise in processing an application. The Pre-Application Meeting is required for a Master Plan application as specified in SDC 5.13.115. (3) Application Completeness Check Meeting. The purpose of the Completeness Check Meeting is to determine whether the proposed development application is complete prior to acceptance of the application for processing by the City. A complete application is required for the review process. The Completeness Check Meeting will examine if the submittal standards of SDC 5.1.220 are met. A Completeness Check Meeting is required for all Type 2, 3 and 4 land use applications. The Pre-Submittal Meeting is required even if the meetings specified in Subsections (1) and (2) have been utilized. An application will be reviewed for completeness according to SDC 5.1.405. Commented [RM7]: Where is it/should it be required? Commented [MM8R7]: 3.4-215 (Glenwood). That section should be amended to reflect the new name. Commented [KK9R7]: A DIM is required for High and Moderate visibility wireless telecom facilities (SDC 4.3- 145.H.1). A DIM is not truly mandatory in Glenwood; the applicant can choose the Pre-Application Report instead. Commented [GK10]: How is this different from either a DIM or Pre-Submittal? Commented [RM11R10]: Good question. Do we still need all three different types of meetings? Commented [KK12R10]: I think you could combine the two - it will require a change to the language in Glenwood that provides an option between the two types of meetings, though. Attachment 1, Page 3 of 39 Page 4 of 39 June 24, 2021 5.1.215 Submission of Materials (A) General. The submission of any materials by any party including application materials, supplemental information, written comments, testimony, evidence, exhibits, or other documents that are entered into the record of any land use application must be submitted either at the offices of the Director or at a public hearing, unless specified otherwise by the hearing notice or Hearings Authority prior to the close of the record. Materials are considered submitted when received, or in the case of materials submitted at a public hearing, placed before the Hearings Authority. (B) Electronic Materials (1) When application or appeal materials are over 20 pages in length, an applicant or appellant must provide an identical electronic version and hard copy of the submitted materials. Any other party submitting materials into the record that are over 20 pages is also encouraged to submit identical electronic and hard copies. Any electronic materials must be in a portable document format (PDF). This provision should not be interpreted to prohibit electronic submittals of materials less than 20 pages in length. The Director will scan submitted materials upon request for a fee set by Resolution of the Council. (2) When electronic materials over 20 pages in length are submitted by any party for inclusion in an application record, an identical hard copy of the materials must also be submitted unless this requirement is waived by the Director. (C) Deadline. Where any materials, including both hard and electronic copies, are required to be submitted to the offices of the Director subject to a date-certain deadline, the materials must be received by the Director by 5:00 PM on that date. 5.1.220 Application Submittal Standards (A) Property Owner. For the purposes of this section, the term ‘property owner’ means the owner of record and does not include a person or organization that holds a security interest. (B) Applications must: (1) Be submitted by the property owner or a person who has written authorization from the property owner as defined herein to make the application; (2) Be submitted to the Director; (3) Be completed on an application form prescribed by the Director; (4) Contain all applicable information requested on the application form; (5) Include supporting information required by this code ; (6) Be accompanied by the appropriate filing fee or documentation of an approved fee waiver as provided in this Code; Commented [KK13]: Hearing Official implies a singular person. Hearing Authority is more in line with the use of "Review Authority" Commented [KK14]: This section states that it applies to application materials, but later sections state that materials are not considered submitted when received. Commented [KK15]: Are the hard copy materials not considered "received" until the electronic copy is provided? Are they considered "placed before the decision-maker" if no electronic copy is provided? Commented [KK16]: Flagging that we would need Council to set this fee. Attachment 1, Page 4 of 39 Page 5 of 39 June 24, 2021 (7) Provide proof of ownership in the form of a deed, or other recorded document; and (8) Include concurrent applications where a proposal involves more than one application for the same property. (C) The following applications are not subject to the ownership requirement set forth in subsection (B)(1) of this section: (1) Applications submitted by or on behalf of a public entity or public utility having the power of eminent domain with respect to the property subject to the application; (2) Applications for development proposals sited on lands owned by the State or the Federal government; or (3) Applications for Development Initiation Meetings. 5.1.225 Acceptance of Application (A) An application submitted to the Director will not be considered accepted for processing solely because of having been received. Upon receipt of an application, the Director will date stamp the application and verify that the appropriate application fee and materials have been submitted before accepting the application for processing. (B) Acceptance of an application for processing will not preclude a later determination that the application is incomplete. (C) An application will be reviewed for completeness according to SDC 5.1.405. 5.1.230 Withdrawal of Application (A) An applicant may withdraw an application in writing at any time prior to the time a decision becomes final. If the property owner is not the applicant, no consent to withdraw the application is needed from the property owner. 5.1.235 Applicable Standards (A) If an application was complete when first submitted, or the applicant submits additional information according to SDC 5.1.410 within 180 days of the date the application was first submitted, review of the application will be based upon the standards that were applicable at the time the application was first submitted. 5.1.240 Development Review Committee (A) The Development Review Committee (DRC) is chaired by the Director and composed of representatives from City Departments and Divisions. When applicable, agencies including, but not limited to, Springfield Utility Board, utilities, the Lane Transit District, Lane Regional Air Pollution Authority, and the Oregon Department of Transportation may also participate. The DRC reviews development applications and provides technical assistance and input to the Review Authority regarding the standards and criteria of this Code. Commented [KK17]: This would be a change from recent practice - since the review of a plan amendment/zone change looks at all permitted uses and not the particular proposed use, it seems like would create traps for the review process. Current code (5.4-105) states: F. Where a proposal involves more than 1 application for the same property, the applicant may submit concurrent applications. Commented [RM18R17]: Since the same term “may” is used, I am not sure what the difference is. Commented [KK19]: This seems inconsistent with 5.1.215(A). Attachment 1, Page 5 of 39 Page 6 of 39 June 24, 2021 5.1.245 Notice to Public Agencies (A) In addition to any notice required by this Code, written notice must be provided to public agencies as prescribed below. (1) Department of Land Conservation and Development. The City must notify the Department of Land Conservation and Development (DLCD) according to ORS 197.610 when any application proposes a change to an acknowledged comprehensive plan or land use regulation. The City must provide this notice within the time period designated by DLCD rule. (2) Oregon Department of State Lands. The City must notify the Oregon Department of State Lands (DSL) in writing of any development application that involves lands that are wholly or partially within areas that are identified on the Statewide Wetlands Inventory. Notice will be in writing using the DSL Wetland Land Use Notification Form, and must be sent within five working days of acceptance of a complete application. (See ORS 227.350) (3) Department of Fish and Wildlife. The City will notify the Oregon Department of Fish and Wildlife (ODFW) in writing of any development application that involves lands that are wholly or partially within the riparian corridor. ODFW may make recommendations to the Review Authority on strategies to avoid or replace habitat that is damaged by the proposed development, consistent with the standards and criteria of approval of this Code. (See OAR chapter 635, division 415) (4) Parks and Recreation Department. The City will notify the Oregon Parks and Recreation Department (OPRD) in writing of any development application that involves lands that are wholly or partially within the Willamette River Greenway. (5) Lane County. The City must notify Lane County in writing of any development application or any appeal outside City limits but within the Springfield Urban Growth Boundary, except for applications for annexation to the City. Lane County will automatically be considered a party to such applications. (6) Other Agencies. The City will notify other public agencies, as appropriate, that have statutory or administrative rule authority to review or issue State permits associated with local development applications. 5.1.250 Conflicting Procedures (A) Notwithstanding the provisions of this section, where other provisions of the Springfield Development Code, Springfield Municipal Code, or other City of Springfield ordinances specify procedures that provide greater public notice and comment opportunities, the procedures that provide the most public notice and/or comment opportunity will apply. 5.1.255 Time Computation (A) Except when otherwise provided, the time within which an act is required to be done is computed by excluding the first day and including the last day, unless the last day is a Saturday, Sunday, legal holiday, or any day on which the City is not open for business pursuant to a City ordinance, in which case it will also be excluded. Attachment 1, Page 6 of 39 Page 7 of 39 June 24, 2021 (B) For the purposes of determining whether a person has complied with a time limitation in this Code for filing any document with the Director, the time prescribed by this Code does not include the day on which the specific period begins to run. The designated period also does include the last day unless the last day is: (1) A legal holiday or Saturday; (2) A day in which the offices of the Director are closed for the purpose of filing development applications and other documents; (3) A day on which the offices of the Director are closed by order of the City Manager, to the extent provided by the order; or (4) A day on which the offices of the Director are closed before the end of the normal hours during which development applications and other documents may be filed. (C) If the last day of a designated period is excluded under the subsection (B) of this section, the act must be performed on the next day that the offices of the Director are open for the purpose of filing pleadings and other documents. 5.1.300 Type 1 Procedures 5.1.305 Type 1 Ministerial Application Procedures 5.1.310 Completeness Check 5.1.315 Decision 5.1.320 Appeal 5.1.305 Type 1 Procedures (A) The Type 1 procedure involves the ministerial review of an application based on clear and objective standards. In general, potential impacts of development allowed through a Type 1 application have been recognized through the adoption of standards. The Type 1 procedure does not require interpretation or exercise of policy or legal judgement when evaluating development standards. A Type 1 determination is made by the Director without public notice or a hearing. (B) The Director may elevate a Type 1 application to a Type 2 application when there is a need to interpret or exercise policy or legal judgment, or to apply discretionary land use standards. The Director’s decision to elevate a Type 1 application to a Type 2 application is not an appealable decision. (C) The applicant may elevate a Type 1 application to a Type 2 application by submitting a Type 2 application and paying the applicable fee associated with the Type 2 process. (D) A Type 1 application is reviewed according to the following procedures. 5.1.310 Completeness Check A. The Director must determine application completeness according to SDC 5.1.405. Attachment 1, Page 7 of 39 Page 8 of 39 June 24, 2021 5.1.315 Decision (A) The Director’s decision must address all of the applicable approval standards and/or development standards. The Director may approve, approve with conditions, or deny the application. (B) The Director's decision for a Type 1 application is the final decision of the City. The Director’s decision is effective on the day it is mailed or otherwise provided to the applicant. 5.1.320 Appeal (A) A Type 1 determination is not appealed at the City level except as otherwise provided in the Springfield Development Code or if found to constitute a permit and authorized by the Director. 5.1.400 Type 2 and Type 3 Procedures 5.1.405 Completeness Check 5.1.410 Timelines 5.1.415 Type 2 Application – Administrative Procedures 5.1.420 Type 3 Application – Quasi-Judicial Procedures 5.1.425 Mailed Notice of Application 5.1.430 Contents of Mailed Notice 5.1.435 Posted Notice of Application 5.1.440 Published Notice of Application 5.1.445 Type 2 and 3 Review and Decision 5.1.450 Modification of Application 5.1.455 Site Specific Plan Amendment and Zone Change 5.1.460 Expedited Land Division 5.1.405 Completeness Check (A) Within 30 days of an application being received, the Director will evaluate the application for completeness according to subsections (1) through (5) below. (1) Applications must be submitted to the Director as provided in SDC 5.1.215, 5.1.220, and 5.1.225. (2) Applications will be evaluated for completeness with applicable application submittal standards of SDC 5.1.220. (3) Supplementation of Application within First 30 days of Submittal. An applicant may not submit any supplemental information for an application within the first 30 days following acceptance of the application or until the application has been deemed complete, whichever is first, except when requested according to (5) below, or otherwise authorized by the Director. Any supplemental information submitted by an applicant in violation of this section will not be considered in determining whether the application is complete and will be returned to the applicant. Commented [RM20]: Defined in definitions, based on ORS 227.160(2) Attachment 1, Page 8 of 39 Page 9 of 39 June 24, 2021 (4) Complete Application. An application will be deemed complete if the application submittal standards have been fully satisfied upon initial filing or through the procedures set forth in subsection (5)(a)-(c) below. When the Director deems the application complete, the Director will notify the applicant in writing. If the Director has not issued in writing a completeness determination within 30 days from the date the application is received by the Director, the application is automatically deemed complete on the 31st day after it was received. (5) Incomplete Application. Except as otherwise provided for through a Completeness Check Meeting, if a Type 2 or Type 3 application is incomplete, the City must notify the applicant in writing of exactly what information is missing within 30 days of receipt of the application and allow the applicant to submit the missing information. The application will be deemed complete for the purpose of SDC 5.1.410(1) upon receipt by the Director of: (a) All of the missing information; (b) Some of the missing information and written notice from the applicant that no other information will be provided; or (c) Written notice from the applicant that none of the missing information will be provided. 5.1.410 Timelines (A) 120-day Time Limit (1) Except as provided in subsections (B) through (D) of this section, the City must take final action on a Type 2 or Type 3 application , including resolution of all local appeals, within 120 days after the application is deemed complete according to SDC 5.1.405. (2) Applications for the following determinations or approvals are exempt from the 120- day time limit established by this section: (a) Type 2 or Type 3 applications submitted concurrently with a comprehensive plan amendment; (b) Revocation proceedings; (c) Declaratory rulings; (d) Consideration of remanded applications; and (e) Adoption and modification of Master plans. (B) 100-day Time Limit (1) Except as provided in subsection (C) and (D) of this section, the City must take final action on a qualifying application, including resolution of all local appeals, within 100 days after the application is deemed complete according to SDC 5.1.405. (2) Definitions. For the purposes of this section only, the following definitions apply: Attachment 1, Page 9 of 39 Page 10 of 39 June 24, 2021 (a) “Affordable housing” means housing that is affordable to households with incomes equal to or less than 60 percent of the median family income for the county in which the development is built or for the state, whichever is greater. (b) “Multifamily residential building” means a building in which three or more residential units each have space for eating, living and sleeping and permanent provisions for cooking and sanitation. (3) An application qualifies for a final action within 100 days under this subsection if: (a) The application is for development of a multifamily residential building containing five or more residential units within the urban growth boundary; (b) At least 50 percent of the residential units included in the development will be sold or rented as affordable housing; and (c) The development is subject to a covenant appurtenant that restricts the owner and each successive owner of the development or a residential unit within the development from selling or renting any residential unit described in paragraph (c) of this subsection as housing that is not affordable housing for a period of 60 years from the date of the certificate of occupancy. (C) Void Application. On the 181st day after first being submitted, an incomplete application is void if the applicant has been notified of missing information and the application has not been deemed complete according to SDC 5.1.405(5)(a)-(c). (D) Extension. The 120-day time limit in subsection (A) or the 100-day time limit in subsection (B) may be extended for a specified period of time at the written request of the applicant. The total of all extensions cannot exceed 245 days. 5.1.415 Type 2 Procedures (A) Type 2 procedures involve the Director’s interpretation and exercise of discretion when evaluating approval standards. Uses or development evaluated through this process are uses that are conditionally permitted or allowed after Director review that may require the imposition of conditions of approval to ensure compliance with development and approval standards. (B) A Type 2 decision is made by the Director after public notice, but without a public hearing, unless appealed. A Type 2 application is reviewed according to the procedures below, unless the Director determines that the application should be reviewed as a Type 3 decision. A Type 2 decision may be appealed according to SDC 5.1.800. 5.1.420 Type 3 Procedures (A) Type 3 quasi-judicial decisions involve discretion but implement established policy. A request will generally be considered a quasi-judicial decision if it involves the following factors: (1) The process is bound to result in a decision; Attachment 1, Page 10 of 39 Page 11 of 39 June 24, 2021 (2) The decision is bound to apply preexisting criteria to concrete facts; and (3) The action is customarily directed at a closely circumscribed factual situation or small number of persons. Although no factor is considered determinative and each must be weighed, the more definitively these factors are answered affirmatively, the more it will be considered a quasi- judicial decision. (B) Type 3 decisions are made by the following Hearings Authority after a public hearing following the quasi-judicial hearings procedures of SDC 5.1.500: (1) Type 3 applications that do not require adoption of an ordinance and that involve property entirely within City limits are made by the Planning Commission. (2) Type 3 applications that involve property entirely or partially outside of City limits and entirely within the Springfield Urban Growth Boundary are made by the Hearing Officer. (3) The City Council is the sole review authority for vacations and annexations. (4) The City Council is the final decision maker in Type 3 development applications that require the adoption of an ordinance and are within City limits, d including but not limited to site-specific comprehensive plan or refinement plan amendments. Except for vacations and annexations, the Planning Commission will conduct a quasi-judicial public hearing and make a recommendation to the City Council to approve, approve with conditions, or deny the application. (5) The City Council and Lane County Board of Commissioners are the final decision- makers in Type 3 development applications that require adoption of an ordinance and are entirely or partially outside City limits but within the Springfield Urban Growth Boundary, including but not limited to site-specific comprehensive plan or refinement plan amendments, according to the procedures in SDC 5.14.130. 5.1.425 Mailed Notice of Application (A) Notice of a Type 2 application must be mailed at least 14 days prior to the issuance of a decision to persons listed below. Notice of a Type 3 application must be mailed at least 20 days before the hearing, or, if more than one hearing is provided, at least 10 days before the first hearing. The applicant is responsible for the cost (i.e., mailing, etc.) of any notice. The notice must include all the applicable information specified under SDC 5.1.430. Written notice must be sent by mail to the following persons: (1) The Applicant. (2) Owners of record of property, as shown on the most recent property tax assessment roll, located within 300 feet of the property that is the subject of the notice. Commented [KK21]: By IGA with Lane Co, we must use a Hearing Official for applications outside City limits. In the past, when a property is partially annexed, both the Planning Commission and Hearing Official heard these applications jointly. But, this creates a lot of procedural headaches and nothing prevents us from giving a Hearing Official some jurisdiction to make decisions inside City limits. Using only the Hearing Official for those decisions would greatly simplify things, but it would be a policy change. Attachment 1, Page 11 of 39 Page 12 of 39 June 24, 2021 (3) The designated land use chair(s) of a neighborhood association recognized by the City of Springfield, where any property within the notice area specified in subsection (A)(2) of this section is within the boundaries of a recognized neighborhood association. (B) The notice requirements of this section will be deemed met when the Director can provide an affidavit or other certification that such notice was given. (C) The Director may increase the minimum notice area up to 400 feet beyond what is otherwise required under subsection (A)(2) of this section, at their sole discretion. 5.1.430 Contents of Mailed Notice (A) All required mailed notices must contain the following: (1) A map locating the subject property; (2) Identification of the application by City case number; (3) Identification of the subject property by reference to the Lane County assessment map and tax lot number, and the property address/location; (4) Identification of the property owner and applicant; (5) An explanation of the nature of the application and the proposed use or uses that could be authorized by the decision; (6) The applicable approval criteria from this Code or from an applicable comprehensive plan, functional plan, or refinement plan that applies to the decision; (7) The name and phone number of the assigned planner; (8) If the application proposes a change to a zoning map, refinement plan map, or comprehensive plan map, a copy of the map that is to be altered; (9) A statement that the application, all documents and evidence relied upon by the applicant, and the applicable standards are available for inspection at no cost and that copies will be provided at reasonable cost; (10) The date, time, and location of any hearing or date by which written comments must be received. (11) A statement that any person may comment in writing and include a general explanation of the requirements for submission of testimony and the procedures for conduct of testimony including, but not limited to, a party’s right to request a continuance or to have the record held open.; (12) A statement briefly summarizing the local decision-making process for the particular application; Attachment 1, Page 12 of 39 Page 13 of 39 June 24, 2021 (13) For Type 2 applications, a statement that issues which may provide the basis for an appeal must be raised in writing prior to the expiration of the comment period, and that issues must be raised with sufficient information to enable the Review Authority to respond to the issue; and (14) For Type 3 applications, a statement that failure to raise an issue in a hearing, in person or in writing, or failure to provide statements or evidence sufficient to afford the Review Authority an opportunity to respond to the issue preclude appeal to the Oregon Land Use Board of Appeals based on that issue. 5.1.435 Posted Notice of Application (A) Notice of a Type 2 or Type 3 application must be posted on the subject property by the applicant/property owner throughout the duration of the required public comment period. The applicant must post one sign, approved by the Director, on the subject property that is located within ten feet of any abutting public way. Failure of applicant/property owner to maintain posting of the sign throughout the duration of the required public comment period does not invalidate a land use approval. (B) Notice of an application for a utility facility line must be posted along the proposed route at intervals of not less than 500 feet. The notice must be posted as close as practicable to, and be visible from, any public way in the vicinity of the proposed route. 5.1.440 Published Notice of Application (A) Notice of a Type 3 application must be published in a newspaper of general circulation in the city of Springfield at least 20 days before the hearing, or, if more than one hearing is provided, at least 10 days before the first hearing. (B) The published notice must include the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. 5.1.445 Type 2 and 3 Review and Decision (A) Review and Decision. Upon determination of completeness required by SDC 5.1.405, a Type 2 or 3 application will be reviewed according to the following procedures: (1) Notice of application will be made if required or elected by the Director or applicant, as provided in SDC 5.1.425, 5.1.435, and 5.1.440. (2) Any person may comment in writing on an application within 14 days from the date notice was mailed or a longer period as specified in the notice for a Type 2 application, or until the close of the public record for a Type 3 application. (3) The Director must distribute the application to the Development Review Committee and the Historic Commission for comments as applicable. (4) At the conclusion of the comment period specified by the notice of application, or upon determination of application completeness if notice of application is not required or elected by the Director or applicant, the application and written comments will be reviewed and a written decision prepared. Commented [KK22]: Just flagging that this is a change to procedures in having the applicant make the posting - probably a good way to conserve staff resource. We'll have to provide the notice to the applicant, though. Commented [KK23]: What is the source for this notice requirement? This doesn't seem to stem from the current code. Attachment 1, Page 13 of 39 Page 14 of 39 June 24, 2021 (5) Each decision must include a finding as to when the proposed Type 2 or 3 application was deemed complete and formally accepted as such by the Director. (6) Each decision must include a finding that the property subject to the proposed land use action is a lot of record as that term is defined in this Code. (7) Approval or denial of a Type 2 or 3 application must be based upon and accompanied by a written statement that explains the standards considered relevant to the decision, states the facts relied upon in rendering the decision, and explains the justification for the decision based upon the standards and facts set forth. (8) Any portion of an application not addressed in a Review Authority’s decision is deemed to have been denied. (9) Notice of the Hearings Authority’s decision must be in writing and mailed to all parties within two days of the date of the written decision. However, one person may be designated by the Review Authority to be the recipient of the decision for a group, organization, group of petitioners or similar collection of individual participants. (10) If the decision changes an acknowledged comprehensive plan or land use regulation, notice must be provided to the Department of Land Conservation & Development according to ORS 197.615. (11) A Type 2 or 3 decision may be appealed according to the procedures in SDC 5.1.800. (B) Final Decision. A decision on a Type 2 or 3 application is not final until the Review Authority issues a written decision, the decision or notice of the decision has been mailed, and the appeal period to the next higher Review Authority within the City has expired. (C) Appeal to the Oregon Land Use Board of Appeals (LUBA). Appeals of the final City decision by the Hearings Officer or City Council may be appealed to the Land Use Board of Appeals according to ORS 197.830, as further described at SDC 5.1.800. (D) Unless a temporary use permit has been issued, no building permit will be issued until a decision is final. Appeal of a final decision to LUBA does not affect the finality of a decision for purposes of issuing building permits, unless stayed by LUBA or by court order. If an applicant elects at their own discretion to proceed under a land use action with a pending LUBA appeal, they must proceed only if: (1) The applicant accepts each and every risk of loss and damage that may result if the application is reversed or modified or denied upon remand, and further agrees in writing to hold the City, its officers, agents, and employees harmless from such loss and damage. (2) The applicant agrees in writing to restore the site to its original condition if the application for the land use approval is reversed or denied upon remand, or to modify or restore any portions of the site as required by a decision that is modified upon remand. Attachment 1, Page 14 of 39 Page 15 of 39 June 24, 2021 (3) The applicant posts a bond or other form of security acceptable to the Review Authority in an amount sufficient to cover the costs of restoration of the site to its pre- approval condition. 5.1.450 Modification of Application (A) An applicant may modify an application at any time during the approval process up until the issuance of a Type 2decision, or the close of the record for a Type 3 decision, subject to the provisions of SDC 5.1.405 and this section. (B) The Review Authority must not consider any evidence submitted by or on behalf of an applicant that would constitute modification of an application (as that term is defined in SDC 6.1.100, Definitions), unless the applicant submits an application for a modification, pays all required modification fees and agrees in writing to restart the 120-day time limit as of the date the modification is submitted. The 120-day time limit for an application, as modified, may be restarted as many times as there are modifications up to a total of 365 days from the day the application was accepted as complete. (C) The Review Authority may require that the application be re-noticed and additional hearings be held. (D) Up until the issue of a Type 2 decision or the day a hearing is opened for receipt of oral testimony for a Type 3 decision, the Director has the sole authority to determine whether an applicant’s submittal constitutes a modification. After such time, the Hearings Authority makes any modification determination. For both Type 2 and Type 3 decisions, the Review Authority’s determination on whether a submittal constitutes a modification is appealable only to LUBA and is appealable only after a final decision is entered by the City on an application. 5.1.455 Site-Specific Plan Amendments and Zone Changes (A) Any change initiated by an individual that includes a plan amendment and zone change for specific real property may be accompanied by the appropriate applications for a specific development proposal. Approval of such a plan amendment and zone change accompanied by a specific development proposal may be conditioned upon initiation of the development proposal within a specified time period, at the discretion of the Hearings Authority, to ensure no greater intensity of use than that contemplated in the proceeding. Approvals of site-specific plan amendments and zone changes that are not accompanied by applications for a specific development proposal must be based on evaluation of the highest impact uses authorized in the proposed zone. 5.1.460 Expedited Land Division (A) An application for or any appeal of an expedited land division is subject to the process provisions in ORS 197.360 through ORS 197.380; however, the applicable standards of SDC 5.12.100 apply during application submittal and processing. Attachment 1, Page 15 of 39 Page 16 of 39 June 24, 2021 5.1.500 Quasi-Judicial Hearings 5.1.505 Filing of Staff Report for Hearing 5.1.510 Burden of Proof 5.1.515 Nature of Evidence 5.1.520 Limitation on Oral Presentations 5.1.525 Standing 5.1.530 Record 5.1.535 Disclosure of Ex Parte Contacts 5.1.540 Disclosure of Personal Knowledge 5.1.545 Challenge for Bias, Prejudgment or Personal Interest 5.1.550 Hearings Procedure 5.1.555 Setting the Hearing 5.1.560 Close of the Record 5.1.565 Continuances or Record Extensions 5.1.570 Reopening the Record 5.1.505 Filing of Staff Report for Hearing (A) The Director will set a hearing date at the time an application is deemed complete as provided in SDC 5.1.560, if the application requires a hearing in the judgment of the Director. (B) A staff report must be completed seven days prior to the first hearing. If the report is not completed by such time, the hearing must be held as scheduled, but at the hearing or in writing prior to the hearing, any party may request a continuance of the hearing to a date that is at least seven days after the date the initial staff report is complete. The Hearings Authority has discretion whether to grant a continuance under these circumstances. (C) A copy of the staff report must be mailed to the applicant, made available at a reasonable cost to such other persons who request a copy, and filed with the Hearings Authority. (D) Notwithstanding subsection (B) of this section, oral or written modifications and additions to the staff report must be allowed prior to or at the hearing. 5.1.510 Burden of Proof (A) Throughout all local land use proceedings the burden of proof rests on the applicant. 5.1.515 Nature of Evidence (A) All relevant evidence must be received according to SDC 5.1.215. 5.1.520 Limitation on Oral Presentations (A) The Hearings Authority may set reasonable time limits on oral testimony. 5.1.525 Standing. Attachment 1, Page 16 of 39 Page 17 of 39 June 24, 2021 (A) Any interested person may appear and be heard in a Type 3 hearing, except that in appeals heard on the record, a person must have participated in a previous proceeding on the subject application. (B) Any person appearing on the record at a hearing (including appeals) or presenting written evidence in conjunction with an administrative action or hearing has standing and is a party. A person whose participation consists only of signing a petition will not be considered a party. 5.1.530 Record (A) An electronic recording of the hearing must be made. (B) All exhibits presented must be marked to show the identity of the person offering the exhibit. (C) Exhibits must be numbered in the order presented and must be dated. (D) When exhibits are introduced, the exhibit number or letter must be read into the record. (E) When a digital storage device is submitted into the record, a transcript of the contents must also be submitted. 5.1.535 Disclosure of Ex Parte Contacts (A) Prior to making a decision, the Hearings Authority or any member thereof must not communicate directly or indirectly with any party or their representative in connection with any issue involved in a pending hearing except upon notice and opportunity for all parties to participate. Should such communication – whether written or oral – occur, the Hearings Authority member must: (1) Publicly announce for the record the substance of such communication; and (2) Announce the parties’ right to rebut the substance of the ex parte communication during the hearing. (3) Communication between City staff and members of the Planning Commission or City Council is not considered to be an ex parte contact. 5.1.540 Disclosure of Personal Knowledge (A) If the Hearings Authority or any member thereof uses personal knowledge acquired outside of the hearing process in rendering a decision, the Hearings Authority or member thereof must state the substance of that knowledge on the record and allow all parties the opportunity to rebut such statement on the record. (B) For the purposes of this section, a site visit by the Hearings Authority or member thereof is deemed to fall within this rule. After the site visit has concluded, the Hearing Authority or member thereof must disclose its observations and conclusions gained from the site visit on the record and allow all parties the opportunity to rebut such observations or conclusions. Attachment 1, Page 17 of 39 Page 18 of 39 June 24, 2021 5.1.545 Challenge for Bias, Prejudgment or Personal Interest Prior to or at the commencement of a hearing, any party may challenge the qualification of the Hearings Authority, or a member thereof, for bias or conflict of interest. The challenge must be made on the record and be documented with specific reasons supported by facts. Should qualifications be challenged, the Hearings Authority or the member must disqualify themself, withdraw, or make a statement on the record of their capacity to hear the matter. 5.1.550 Hearings Procedure (A) A hearing must be conducted as follows: (1) The Hearings Authority must explain the purpose of the hearing and announce the order of proceedings, including reasonable time limits on presentations by parties. (2) A statement by the Hearings Authority must declare any ex parte contacts, bias, or conflicts of interest. (3) Any facts received, noticed, or recognized outside of the hearing must be stated for the record. (4) Challenges to the Hearing Authority’s or its member’s qualifications to hear the matter must be stated and challenges entertained. (5) At the commencement of a hearing in a quasi-judicial Type 3 decision, the Hearings Authority or their designee must make a statement to those in attendance that: (a) Lists the applicable substantive criteria; (b) States that testimony, arguments, and evidence must be directed toward that criteria or other criteria in the Comprehensive Plan or land use regulations which the person believes to apply to the decision; (c) States that failure to raise an issue accompanied by statements or evidence sufficient to afford the Hearings Authority and the parties an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue. (6) At the commencement of the initial public hearing, the Hearings Authority or its designee must make a statement to the applicant that the applicant’s failure to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow the Hearings Authority to respond to the issue precludes an action for damages in circuit court. An applicant is not required to raise constitutional or other issues relating to proposed conditions of approval unless the conditions of approval are stated with sufficient specificity to enable the applicant to respond to the conditions prior to the close of the final local hearing. (7) An issue which may be the basis for an appeal to the Oregon Land Use Board of Appeals must be raised not later than the close of the record at or following the final hearing on the proposal before the local government. Such issues must be raised Attachment 1, Page 18 of 39 Page 19 of 39 June 24, 2021 and accompanied by statements or evidence sufficient to afford the Hearings Authority and the parties an adequate opportunity to respond to each issue. (8) Order of Presentation. (a) Explanation of procedural requirements. (b) Open the hearing. (c) Statement of ex parte contacts, bias, or conflicts of interest. (d) Challenge for bias or conflicts of interest. (e) Staff report. (f) Applicant testimony. (g) Testimony by those in favor of the application. (h) Testimony by those neutral. (i) Testimony by those opposed to the application. (j) Applicant rebuttal. (k) Staff comment. (l) Questions from or to the chair may be entertained at any time at the Hearings Authority’s discretion prior to close of hearing. (m) Close the hearing. (n) Close of the record. (o) Deliberation. (p) Decision. (9) In appeal proceedings, the applicant is the party who initiated the application which is under appeal. Those person(s) opposed to the application must testify under the “Testimony by those opposed to the application” portion of the appeal proceeding. Those persons in favor of the application must testify under the “Testimony by those in favor of the application” portion of the appeal proceeding. (10) The record must be available for public review at the hearing. 5.1.555 Setting the Hearing (A) After an application is deemed accepted a hearing date must be set. A hearing date may be changed by the City staff, or the Hearings Authority up until the time notice of the hearing is mailed. After the notice of hearing is mailed, changes in the hearing date must be processed as a continuance in accordance with SDC 5.1.570, unless a new notice of hearing is provided at the City’s expense. (B) If an applicant requests that a hearing date be changed before notice of hearing is mailed, such request can be granted only if the applicant agrees that the extended time period for the hearing will not count against the 120-day time limit set forth in ORS 227.178. 5.1.560 Close of the Record (A) Except as set forth herein, the record must be closed to further testimony or submission of further argument or evidence at the end of the presentations before the Hearings Authority. (B) If the hearing is continued or the record is held open under SDC 5.1.570, further evidence or testimony must be taken only according to the provisions of that section. Attachment 1, Page 19 of 39 Page 20 of 39 June 24, 2021 (C) Otherwise, further testimony or evidence will be allowed only if the record is reopened under SDC 5.1.580, Reopening the Record. (D) An applicant must be allowed, unless waived, to submit final written arguments in support of its application after the written record has closed to other parties, within such time limits as the Hearings Authority sets. The Hearings Authority must allow applicant at least seven days to submit their argument, which time is not counted against the 120-day time limit. 5.1.565 Continuances or Record Extensions (A) Grounds. (1) Prior to or at the initial hearing, an applicant must receive a continuance upon any request if accompanied by a corresponding extension of the 120-day time limit. If a continuance request is made after the published or mailed notice has been provided by the City, but at least seven days prior to the hearing, the hearing place must be posted with notification of cancellation and a revised notice with the new hearing date, place and time must be mailed to all persons who received the original notification. The applicant is responsible for any costs for providing notice of the continuance. If a continuance request is made less than seven days prior to the hearing, the Hearings Official must take evidence at the scheduled hearing date from any party wishing to testify at that time after notifying those present of the continuance. (2) Any party is entitled to a continuance of the initial evidentiary hearing or to have the record left open in such a proceeding in the following instances: upon the party’s request made prior to the close of the hearing for time to present additional evidence or testimony. (3) Any party is entitled to a continuance of the initial evidentiary hearing where additional documents or evidence containing new facts or analysis are submitted by any party less than seven days before the hearing, or upon a showing that denying a continuance would prejudice the party’s substantial procedural rights. (B) Except for continuance requests made under subsection (A)(1)-(3) of this section, the choice between granting a continuance or leaving the record open is at the discretion of the Hearings Authority. After a choice has been made between leaving the record open or granting a continuance, the hearing is governed thereafter by the provisions that relate to the path chosen. (C) Hearing Continuances (1) If the Hearings Authority grants a continuance, the hearing must be continued to a date, time, and place certain at least seven days from the date of the initial hearing. (2) An opportunity must be provided at the continued hearing for persons to rebut new evidence and testimony received at the continued hearing. (D) Leaving Record Open. If the Hearings Authority leaves the record open for additional written evidence or testimony after the conclusion of the hearing, the Hearings Authority Attachment 1, Page 20 of 39 Page 21 of 39 June 24, 2021 must allow for response to written evidence or testimony submitted during the period the record is held open. (E) A continuance or record extension granted under this section is subject to the 120-day time limit unless the continuance or extension is requested or otherwise agreed to by the applicant. When the record is left open or a continuance is granted after a request by an applicant, the time during which the 120-day time limit is suspended includes the time period made available to the applicant and any time period given to parties to respond to the applicant’s submittal. 5.1.570 Reopening the Record (A) The Hearings Authority may reopen the record at its discretion, either upon request or on its own initiative. The Hearings Authority must not reopen the record at the request of an applicant unless the applicant has agreed in writing to an extension or a waiver of the 120- day time limit. (B) Procedures. (1) Except as otherwise provided for in this section, the manner of testimony (whether oral or written) and time limits for testimony to be offered upon reopening of the record is be at the discretion at the Hearings Authority. (2) The Hearings Authority must give written notice to the parties that the record is being reopened, stating the reason for reopening the record and how parties can respond. The parties must be allowed to raise new issues that relate to the new evidence, testimony, or criteria for decision-making that apply to the matter at issue. 5.1.600 Type 4 Procedures 5.1.605 Type 4 Application – Legislative Procedures 5.1.610 Hearing Required 5.1.615 Notice 5.1.620 Initiation of a Legislative Change 5.1.625 Review Authority 5.1.630 Final Decision 5.1.635 Corrections 5.1.605 Type 4 Legislative Applications (A) A Type 4 process applies to a legislative matter involving the creation, revision, or large- scale implementation of public policy including, but not limited to adoption of land use regulations that apply to entire districts, the annexation of large areas initiated by the City, and comprehensive plan, functional plan, or refinement plan amendments that are not quasi-judicial in nature. (B) A Type 4 Legislative decision is made after public notice, public hearings, and a recommendation by the Planning Commission to the City Council, except the City Council is the sole review authority for vacations and annexations. Attachment 1, Page 21 of 39 Page 22 of 39 June 24, 2021 5.1.610 Hearing Required (A) No legislative change can be adopted without review by the Planning Commission and a final public hearing before the City Council, except the City Council is the sole review authority for vacations and annexations. Public hearings are set at the discretion of the Director, unless otherwise required by State law. 5.1.615 Notice (A) Published Notice. (1) Notice of a Type 4 legislative change must be published in a newspaper of general circulation in the City at least 20 days prior to each public hearing. (2) The published notice must state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. (B) Posted Notice. Notice must be posted at the discretion of the Director. (C) Individual Notice. Notice must be mailed as provided in ORS 227.186 prior to the first hearing on an ordinance to rezone property or the first hearing on an ordinance to adopt or amend a comprehensive plan that would require property to be rezoned to comply with the amended or new plan. (D) Neighborhood Associations. Notice of Type 4 legislative changes must be mailed to the designated land use chair of any neighborhood association recognized by the City of Springfield, where the legislative change affects any land within the boundary of such neighborhood association. (E) The Director will distribute the application to the Development Review Committee or the Historic Commission for comments, where applicable. 5.1.620 Initiation of a Legislative Change (A) Requests for a plan map or text amendment of the Springfield Comprehensive Plan or its implementing documents may be initiated by an individual, corporation, or public agency upon submittal of an application, supporting documentation and payment of required fees. The City Council, Planning Commission, or Director may also initiate legislative changes. 5.1.625 Review Authority (A) A Type 4 legislative change entirely within City limits must be reviewed by the Planning Commission prior to action being taken by the City Council, except the City Council is the sole review authority for annexations and vacations. (B) A Type 4 legislative change to a comprehensive plan that is entirely or partially outside City limits and within the Springfield Urban Growth boundary must be reviewed jointly with Lane County as provided in SDC 5.14-130. Commented [KK24]: add the 10+10 language from mailed notices? Commented [KK25]: With change, we should no longer have site-specific Type 4 decisions. Changing this to reflect BM 56 notice. Attachment 1, Page 22 of 39 Page 23 of 39 June 24, 2021 (C) A Type 4 legislative change to land use regulations that apply entirely or partially outside City limits must be reviewed by the Planning Commission, and Lane County Planning Commission at Lane County’s discretion, prior to action being taken jointly by the City Council and Lane County Board of Commissioners. 5.1.630 Final Decision (A) All Type 4 legislative changes must be adopted by ordinance. (B) The Planning Commission must make a recommendation to the City Council to approve, approve with conditions, or deny the application. The Planning Commission's recommendation must address all of the applicable approval standards and criteria and any written or oral testimony. (C) The City Council may approve, approve with conditions, or deny the application. The City Council's decision must include findings that address all the applicable approval standards and/or development standards and any written or oral testimony. (D) The City Council’s decision is the City’s final decision. The decision becomes effective 30 days after the decision is made if there is no emergency clause in the adopting Ordinance, unless provided otherwise on the face of the ordinance. Notwithstanding the effective date of an ordinance as specified above, the effective date of annexations must be as prescribed in ORS 222.040, 222.180, or 222.465. Notice of decision is mailed to the applicant, property owner, those persons who submitted written or oral testimony, those who requested notice, and as required by ORS 222 State law and SDC 5.7.150. Where required, the notice of decision must also be mailed to the Department of Land Conservation and Development as specified in ORS 197.615 and by DLCD rule. (E) For Metro Plan amendments that require adoption by the City, Eugene and/or Lane County, the City Council decision is final only upon concurrence of the Lane County Commissioners and the City of Eugene City Council, as appropriate. (F) The City Council's decision may be appealed within 21 calendar days to the Land Use Board of Appeals as specified in ORS 197.830 and SDC 5.1.800. 5.1.635 Corrections (A) The City Attorney may renumber sections and parts of sections of ordinances, change the wording of titles, rearrange sections, change reference numbers to agree with renumbered chapters, sections, or other parts, substitute the proper subsection, section, or chapter or other division numbers, strike out figures or words that are merely repetitious, change capitalization for the purpose of uniformity, and correct clerical or typographical errors. In preparing revisions described herein, the City Attorney shall not alter the sense, meaning, effect, or substance of any ordinance. 5.1.700 Reconsideration 5.1.705 Reconsideration 5.1.710 Procedure 5.1.715 Limitation on Reconsideration Attachment 1, Page 23 of 39 Page 24 of 39 June 24, 2021 5.1.705 Reconsideration (A) An applicant may request that the Review Authority’s decision be reconsidered as set forth herein. A request for reconsideration must be accompanied by a fee established by the City and by applicant’s written consent that the 120-day time limit will not run during the period of the reconsideration and the resulting extended appeal period. The fee will be waived when, in the opinion of the Director, the reconsideration is requested to correct a clerical or technical error that is the City’s fault. (B) Grounds for reconsideration of a Type 1 or Type 2 decision are limited to the following instances: (1) The applicant’s submission of additional documents or evidence, that merely clarifies or supports the pending application, directed to one or more discreet aspects of the decision. The new information must not constitute a modification of application as defined herein. (2) Correction of an error in a condition established by the Review Authority where the condition is not supported by the record or is not supported by law. (3) Correction of errors that are technical or clerical in nature. (C) Grounds for reconsideration of the Hearing Authority’s decision are limited to the following instances where an alleged error substantially affects the rights of the applicant: (1) Correction of an error in a condition established by the Hearings Authority where the condition is not supported by the record or is not supported by law; (2) Correction of errors that are technical or clerical in nature. 5.1.710 Procedure (A) A request for reconsideration must be filed with the Director within 12 days of the date the decision was mailed. The request must identify the condition or issue to be considered and must specify how the applicant would be adversely affected if the issue were to remain uncorrected. (B) Upon receipt of a request for reconsideration of a Type 1 or 2 decision, the Director must determine whether the request for reconsideration has merit. No comment period or prior notice is required for an administrative reconsideration. (C) Upon receipt of a request for reconsideration of a Type 3 decision, the Director must notify all parties to the proceeding of the request and allow for a ten-day comment period on the request. In those instances, in which the only grounds for reconsideration of a Type 3 decision are technical or clerical in nature, at the end of the comment period, the Director must determine whether the request for reconsideration has merit. In all other instances, at the end of the comment period, the Hearings Authority must determine whether the request for reconsideration has merit. (D) The Review Authority must modify the decision upon a determination that the request has merit and the issue substantially affects the applicant. Notice of the modification must be Attachment 1, Page 24 of 39 Page 25 of 39 June 24, 2021 sent to all parties to the proceeding. If the Review Authority determines that no modification is warranted, a denial must be issued and sent to all parties to the proceeding. (E) Filing a request for a reconsideration is not be a precondition for appealing a decision. (F) Filing a request for reconsideration stays the deadline for any party to file an appeal of the Review Authority’s decision. A new 12-day appeal period for all parties to the proceeding commences upon mailing of a modification or upon mailing a determination that a modification is not warranted. The new 12-day appeal period will not be calculated as part of the 120-day time limit. If an opponent files an appeal and an applicant has requested reconsideration, the opponent’s appeal must be stayed pending disposition of the request for modification. If the decision is not modified, the appeal will be processed according to the procedures set forth in SDC 5.1.800. If the decision is modified, the appellant must, within 12 days of the mailing of the modified decision, file in writing a statement requesting that its appeal be activated or the appeal will be automatically dismissed. 5.1.715 Limitation on Reconsideration (A) No decision can be reconsidered more than once before the same Review Authority. 5.1.800 Appeals 5.1.805 Who May Appeal 5.1.810 Filing Appeals 5.1.815 Notice of Appeal 5.1.820 Determination of Jurisdictional Defects 5.1.825 Consolidation of Multiple Appeals 5.1.830 Scope of Review 5.1.835 Hearing on Appeal 5.1.840 Re-hearing 5.1.845 Remands 5.1.850 Withdrawal of an Appeal 5.1.805 Who May Appeal (A) The following may file an appeal: (1) A party; or (2) A person entitled to notice and to whom no notice was mailed. (B) A person to whom notice is mailed is deemed notified even if notice is not received. 5.1.810 Filing Appeals (A) To file an appeal, an appellant must file a completed notice of appeal on a form prescribed by the Director and pay an appeal fee. (B) Unless a request for reconsideration has been filed, the notice of appeal and appeal fee must be received by the Community Development Director no later than the close of the Attachment 1, Page 25 of 39 Page 26 of 39 June 24, 2021 public counter on the twelfth day following mailing of the decision. If a decision has been modified on reconsideration, an appeal must be filed no later than the twelfth day following mailing of the decision as modified. Notices of appeals must not be received by facsimile machine or e-mail. (C) In the case of an appeal of a Type 2 decision to the Hearings Officer or to the Planning Commission, the Hearings Authority’s decision on appeal is final 12 days after the decision is mailed. Except that, within 12 days after the decision is mailed, the City Council may, on its own motion and at its discretion, call up the a decision of the Planning Commission and conduct an on the record review of the decision on the record and limited to issues identified in the Council’s motion. (D) In the case of an appeal of a Type 3 decision, the City Council’s decision whether to grant review is discretionary. If the City Council declines review, the appellant may be entitled to a partial refund according to the City’s adopted Fees Resolution. (E) The Hearings Officer’s decision on a Type 3 decision or upon appeal of a Type 2 decision is the City’s final decision and is appealable only. 5.1.815 Notice of Appeal (A) The Notice of Appeal must contain: (1) A description of the decision which is being appealed, including the date of decision. (2) A statement describing the interest the person who is appealing has in the decision. Only persons who have proper standing as provided by the law, and who have participated in the decision being appealed (if provision for such participation was provided in the previous proceeding), may appeal the decision. The statement of interest must demonstrate the person’s standing and participation. (3) A description of the issues sought to be raised by the appeal; and a statement that the issues were raised during the proceeding that produced the decision being appealed. This description must include the specific criteria relied upon as the basis for the appeal, and an explanation of why the decision has not complied with the standards or requirements of the criteria. The issues raised by the appeal must be stated with sufficient specificity to afford the reviewing authority an opportunity to resolve each issue raised. (4) In the case of a discretionary appeal request to the City Council, the Notice of Appeal must include the following additional information to assist the City Council in deciding whether to grant discretionary review of the decision being appealed: (a) How the appeal presents issues that have significant public policy or community-wide implications for the City, as opposed to more limited issues which primarily involve the directly affected property or persons involved in the land use decision being appealed. (b) Why it is necessary or desirable for the City Council to review these issues; and why the issues cannot be adequately and fairly reviewed by the Oregon Land Use Board of Appeals. Attachment 1, Page 26 of 39 Page 27 of 39 June 24, 2021 5.1.820 Determination of Jurisdictional Defects (A) Any failure to conform to the requirements of SDC 5.1.810, Filing Appeals, and 5.1.815, Notice of Appeal, will constitute a jurisdictional defect and the appeal will be dismissed. (B) Determination of jurisdictional defects in an appeal must be made by the Review Authority to which an appeal has been made. 5.1.825 Consolidation of Multiple Appeals (A) If more than one party files a notice of appeal on a land use action decision, the appeals must be consolidated and noticed and heard as one proceeding. (B) In instances of multiple appeals where separate appellants have asked for a differing scope of review, any grant of de novo review must control over a separate request for a more limited review on appeal. 5.1.830 Scope of Review (A) Before Hearings Official or Planning Commission. The review of a Type 2 decision on appeal before the Hearings Officer or Planning Commission is de novo. (B) Before the Council. (1) Review of land use decisions by the City Council on appeal is discretionary. A decision by the City Council to not grant discretionary review of the appeal is the final determination of the City and will be considered to be an adoption by the Council of the decision being appealed, including any interpretations of this code or of the plan provisions included in the decision. The final decision may be appealed to the Land Use Board of Appeals as provided by law. The City Council’s decision whether to grant discretionary review will be made without testimony or argument from persons interested in the appeal. (2) The scope of review for appeals that are granted discretionary review by the City Council must be: (a) Restricted to the issues raised in the Notice of Appeal, or as prescribed by the City Council; and (b) Be conducted during an appeal hearing before the City Council on the record made as part of the decision being appealed. (3) The record for discretionary review by the City Council must include: (a) The land use application or request which is the subject of the appeal, any staff report, and all written comments, exhibits, or any other materials or information considered by the decision-maker in the proceedings that produced the decision being appealed. Commented [KK26]: This is a change in policy, but not necessarily any "capital P" Policy in a comp plan or Goal 1 plan. Attachment 1, Page 27 of 39 Page 28 of 39 June 24, 2021 (b) A written transcript of all proceedings before the decision-maker, or a stipulated written summary of the proceedings submitted by all of the parties to the appeal. (c) Appellants must submit the transcript or stipulated written summary of the proceedings to the Community Development Division no later than the close of the day five days prior to the date set for receipt of written arguments. (d) An appellant is excused from providing a transcript or stipulated written summary of the proceedings if the appellant was prevented from complying by: (i) The Director’s inability to supply the appellant with an audio recording of the prior proceeding; or (ii) Defects on the audio recording of the prior proceeding that make it not reasonably possible for the appellant to supply a transcript. Appellants must comply to the maximum extent reasonably and practicably possible. (4) An appeal hearing before the City Council must be conducted according to such procedures as the City Council prescribes, which may include an opportunity for presentations by the parties to the appeal. (5) Decisions reviewed by the City Council can be affirmed, remanded, reversed, or modified in whole or in part by the City Council. 5.1.835 Hearing on Appeal (A) The appellant and all other parties to the decision below must be mailed notice of the hearing on appeal at least 20 days prior to any de novo hearing or deadline for submission of written arguments. (B) Except as otherwise provided in this section, the appeal must be heard as provided in SDC 5.1.500, Quasi-Judicial Hearings. The applicant must proceed first in all appeals. (C) The order of Review Authority must be as provided in SDC 5.1.510, Hearings Authority. (D) The record of the proceeding from which appeal is taken must be a part of the record on appeal. (E) The record for a review on the record must consist of the following: (1) Minutes and audio recordings of any prior hearing, if available; (2) All written and graphic materials that were part of the record below; (3) The Review Authority’s decision appealed from; (4) Written arguments, based upon the record developed below, submitted by any party to the decision; (5) A staff report and staff comment based on the record; and Attachment 1, Page 28 of 39 Page 29 of 39 June 24, 2021 (6) Other information deemed relevant by the Review Authority. (F) The City Council must not consider any new factual information in an “on the record” proceeding. Brief oral argument by the applicant and the appellant on the record may be allowed by the City Council. 5.1.840 Re-hearing (A) Re-hearings are not allowed. 5.1.845 Remands (A) Applications must not be remanded to a lower level Review Authority after appeal, except by City Council as provided in SDC 5.1.830(B)(5). 5.1.850 Withdrawal of an Appeal (A) An appeal may be withdrawn in writing by an appellant at any time prior to the rendering of a final decision. Subject to the existence of other appeals on the same application, in such event the appeal proceedings must terminate as of the date the withdrawal is received. An appeal may be withdrawn under this section regardless of whether other non-filing parties have relied upon the appeal filed by the appellant. 5.1.900 Proceedings on Remand 5.1.905 Purpose 5.1.910 Hearings Official 5.1.915 Notice and Hearings Requirements 5.1.920 Scope of Proceeding 5.1.925 Effect of Reversal 5.1.905 Purpose (A) This section governs the procedures to be followed where a decision of the City has been remanded by the Land Use Board of Appeals (LUBA), the Department of Land Conservation and Development (DLCD), the Land Conservation and Development Commission (LCDC), or the Appellate Courts. 5.1.910 Review Authority (A) The Review Authority for a remanded decision must be the last Review Authority from which the appeal to LUBA or submittal to DLCD was taken, except that in voluntary or stipulated remands, the City Council may decide that it will hear the case on remand. 5.1.915 Notice and Hearings Requirements (A) The City must conduct a review on any remanded decision if requested by the applicant in writing or initiated by the City for a City project. The remand procedure must be according to the applicable provisions of this section and the decision by LUBA, DLCD, LCDC, or Appellate Court, and applicable State law. Unless State law requires otherwise, only those Attachment 1, Page 29 of 39 Page 30 of 39 June 24, 2021 persons who were parties to the proceedings before the City are entitled to notice and entitled to participate in any hearing on remand. (B) The review procedures must comply with State law and with the requirements of this Code for either legislative or quasi-judicial procedures, whichever was employed for the initial decision or as required by the remand. 5.1.920 Scope of Proceeding (A) On remand, the Review Authority must review only those issues that LUBA, DLCD, LCDC, or an appellate court required to be addressed. The Review Authority has the discretion to reopen the record as it deems appropriate. (B) If additional testimony is required to comply with the remand, parties may raise new, unresolved issues that relate to new evidence directed toward the issue on remand. Other issues that were resolved by LUBA, DLCD, LCDC, or the Appellate Court or that were not appealed are deemed to be waived and may not be reopened. (C) Notwithstanding subsections (A) and (B) above, for remands of City-initiated legislative amendments or for any voluntary or stipulated remand reviewed by the City Council, the City Council may allow the introduction and processing of new work tasks, issues, evidence, and testimony if the Council determines that the information or task is necessary and/or valuable. 5.1.925 Effect of Reversal (A) A decision reversed by LUBA, DLCD, LCDC, or an appellate court that results in a final appellate judgment or order of reversal cannot be further heard by the City in the absence of an amended or a new application. Submission of a revised application is governed by the time limit set forth in SDC 5.1.1030, Limitation on Refiling Applications. 5.1.1000 Limitations on Approvals 5.1.1005 Expiration of Approval 5.1.1010 Initiation of Use 5.1.1015 Modification of Approval 5.1.1020 Transfer of Approval 5.1.1025 Revocation of Approval 5.1.1030 Limitations on Refiling Applications 5.1.1005 Expiration of Approval (A) Scope (1) Except as otherwise provided herein, this section applies to and describes the duration of all development approvals provided for under this code. (2) This section does not apply to: (a) Those determinations made by declaratory ruling, such as verifications of nonconforming uses and lot of record determinations that involve a Attachment 1, Page 30 of 39 Page 31 of 39 June 24, 2021 determination of the legal status of a property, rather than whether a particular application for a specific land use meets the applicable standards of the code. Such determinations are final unless appealed and are not subject to any time limits; (b) Temporary use permits of all kinds, which are governed by applicable ordinance provisions specifying the duration of such permits; (c) Quasi-judicial and legislative plan and map amendments; (d) Master Plans, which are governed by SDC 5.13.100, Master Plans; or (e) Annexations; or (f) Vacations. (B) Duration of Approvals (1) A permit for a discretionary approval is void two years after the date of the final decision if the use approved in the permit is not initiated within that time period, unless otherwise specified in the approval, by other provisions of this Code, and or unless the approval period is extended pursuant to subsection (C) below. (2) Approval of tentative land division plats is void two years after the date of preliminary approval, if the final plat has not been recorded with Lane County, unless otherwise specified in the approval, by other provisions of this Code, and or unless the approval period is extended pursuant to subsection (C) below. A one-year extension may be approved by the Director if the applicant can demonstrate sufficient progress to reasonably assure the plat will be recorded at the end of the third year, and if: (a) An applicant makes a written request for an extension of the development approval period; and (b) The request is submitted to the Director prior to the expiration of the approval period. (3) In the case of a development approval authorized under applicable approval standards to be completed in phases, each phase must be consistent with the time specified in the approval. In no case can the total time period for all phases be greater than five years. (C) Time Extensions (1) Unless prohibited by the approval or other provisions of this Code, the Director may grant one extension of up to one year for a development approval that contained a two-year initial duration of approval, if: Attachment 1, Page 31 of 39 Page 32 of 39 June 24, 2021 (a) An applicant makes a written request on the form provided by the Director for an extension of the development approval period, accompanied by the required fee; and (b) The request for extension is submitted to the Director prior to the expiration of the approval period, but not earlier than six months before the expiration date of the permit. (2) The Director may grant one or more additional extensions if authorized by a City Council resolution which recognizes a City-wide need for an additional limited- duration extension, not to exceed two years. The additional extension may be granted if: (a) The applicant has exhausted all other extension opportunities; (b) The applicant makes a written request for an extension of the development approval period; and (c) The request is submitted to the Director prior to the expiration of the approval period. (3) In addition to, or in lieu of, the extensions provided under subsections (C)(1) and (C)(2) above, the Director may grant an additional extension based upon good cause, provided that: (a) The request for an extension is made in writing prior to expiration of the original approval; (b) There are special or unusual circumstances that exist which warrant an extension; (c) No material changes of surrounding land uses or zoning has occurred; and (d) No new land use regulations have been adopted that affect the applicant’s proposed development. (4) Approval of an extension granted under this section is an administrative decision and is not a land use decision or a limited land use decision as described in ORS 197.015 or this code. An extension is not subject to appeal and will be processed as a Type 1 application. (D) Effect of Appeals. The time period set forth in subsection (B) of this section will be tolled upon filing of an appeal to LUBA, until all appeals are resolved. 5.1.1010 Initiation of Use (A) For the purposes of this Section, development undertaken under a development approval described in SDC 5.1.1005, Expiration of Approval, has been “initiated” if it is determined that: (1) The proposed use has lawfully occurred; Attachment 1, Page 32 of 39 Page 33 of 39 June 24, 2021 (2) Substantial construction toward completion of the development approval has taken place; or (3) Where construction is not required by the approval, the conditions of a permit or approval have been substantially exercised and any failure to fully comply with the conditions is not the fault of the applicant. (B) For the purposes of this section, substantial construction has occurred when the holder of an approval has physically altered the land or structure or changed the use thereof and such alteration or change is directed toward the completion and is sufficient in terms of time, labor or money spent to demonstrate a good faith effort to complete the development. (C) Initiation of use must not be granted in lieu of a phased approval. (D) A determination of whether a land use has been initiated must be processed as a declaratory ruling. 5.1.1015 Modification of Approval (A) An approval may be modified at any time after a decision becomes final. (B) Modification of Type 2 Approval Procedures (1) A modification of a Type 2 approval that does not have significant additional impacts on surrounding properties must be reviewed only under the standards applicable to the aspect(s) of the proposal that are to be modified. (2) A modification that has significant additional impacts on surrounding properties must be reviewed under all standards applicable to the entire approval and may, at the discretion of the Director, require the filing of a new application. (3) A modification must not be considered to have significant additional impacts on surrounding properties if the identified impacts could be addressed under the applicable provisions of this code at the time of future development (e.g., a future site plan review or conditional use permit application). (4) A modification that is a new proposal must be filed as a new application. (C) An application for a modification of a Type 1 approval must be processed as a Type 1 application. All other modifications must be processed as a Type 2 application unless elevated to a Type 3 process by the Director. (D) The original approval time limitation is governed by SDC 5.1.1005. (E) Modifications of development approvals must meet the approval standards required in subsection (B) of this section in the appropriate corresponding section of this code (e.g., modification of a site plan review approval is subject to SDC 5.17; modification of a discretionary use permit is subject to SDC 5.9, modification of a master plan is subject to the applicable sections in SDC 5.13). Attachment 1, Page 33 of 39 Page 34 of 39 June 24, 2021 5.1.1020 Transfer of Approval (A) Except as otherwise provided in this code, a development approval is deemed to run with the land and be transferable to applicant’s successors in interest. 5.1.1025 Revocation of Approval (A) Proceedings to revoke a development approval must be initiated by the Director by giving notice of intent to revoke to the property owner. (B) The Director may revoke a development approval for the following reasons: (1) The conditions or terms of development approval are violated; or (2) The project is not in substantial conformance with the approved plans or decision; or (3) The applicant or the applicant’s representative made a material misstatement of fact in the application or supporting documents and such misstatement was relied upon by the Review Authority in making its decision whether to accept or approve the application. (C) Revocations must be processed as a declaratory ruling according to SDC 5.1.1100. 5.1.1030 Limitations on Refiling Applications (A) An application for a property owner-initiated Plan Amendment, which a substantially similar application relating to the same property or tract has been denied within the previous year, will not be accepted. At the Director’s discretion, an earlier refiling may be allowed if it can be demonstrated that the basis for the original denial has been eliminated. 5.1.1100 Declaratory Ruling 5.1.1105 Availability of Declaratory Ruling 5.1.1110 Who May Apply 5.1.1115 Procedures 5.1.1120 Effect of Declaratory Ruling 5.1.1125 Revocation of Approval 5.1.1130 Limitations on Refiling Applications 5.1.1105 Availability of Declaratory Ruling (A) Subject to the other provisions of this section, the Declaratory Ruling process is available for the City’s comprehensive plan and this Code for the following categories of rulings. Such a determination or interpretation is known as a “declaratory ruling” and will be processed according to this section. In all cases, as part of making a determination or interpretation the Review Authority Director (where appropriate) or Hearings Official (where appropriate) has the authority to declare the rights and obligations of persons affected by the ruling. Attachment 1, Page 34 of 39 Page 35 of 39 June 24, 2021 (1) Interpreting a provision of the Springfield Comprehensive Plan, Metro Plan, functional plan, or refinement plan, or implementing ordinances (and other documents incorporated by reference) in which there is doubt or a dispute as to its meaning or application; (2) Interpreting a provision or limitation of a development approval issued by the City in which there is doubt or a dispute as to its meaning or application; (3) Determining whether an approval has been initiated or considering the revocation of a previously issued development approval; (4) Determining the validity and scope of a nonconforming use; and (5) Determining whether a lot is a lot of record. (B) A declaratory ruling is available only in instances involving a fact-specific controversy and to resolve and determine the particular rights and obligations of particular parties to the controversy. Declaratory proceedings must not be used to grant an advisory opinion on a specific quasi-judicial development application. Declaratory proceedings must not be used as a substitute for seeking an amendment of general applicability to a legislative enactment. (C) Declaratory rulings must not be used as a substitute for an appeal of a decision or for a modification of an approval. In the case of a ruling on a City development approval, a declaratory ruling is not available until 60 days after a decision is final. (D) The Director may refuse to accept, and the Hearings Authority may deny an application for a declaratory ruling if: (1) The Director or Hearings Authority determines that the question presented can be decided in conjunction with approving or denying a pending application or if in the Director or Hearings Official’s Authority’s judgment the requested determination should be made as part of a decision on a development application not yet filed; or (2) The Director or Hearings Authority determines that there is an enforcement case pending in circuit court in which the same issue necessarily will be decided as to the applicant and the applicant failed to file the request for a declaratory ruling within two weeks after being cited or served with a complaint. The Director or Hearings Authority’s determination to not accept or to deny an application under this section will be the City’s final decision. 5.1.1110 Who May Apply (A) The following may initiate a declaratory ruling under this section: (1) The owner of a property requesting a declaratory ruling relating to the use of the owner’s property; (2) In cases where the request is to interpret a previously issued development approval, the holder of the approval; or Attachment 1, Page 35 of 39 Page 36 of 39 June 24, 2021 (3) In all cases arising under SDC 5.1.1105, Availability of Declaratory Ruling, the Director. No other person is entitle to initiate a declaratory ruling. (B) A request for a declaratory ruling must be initiated by filing an application with the Director and, except for applications initiated by the Director, must be accompanied by such fees as have been set by the City Council. Each application for a declaratory ruling must include the precise question on which a ruling is sought. The application must set forth whatever facts are relevant and necessary for making the determination and such other information as may be required by the Director. 5.1.1120 Procedures (A) Declaratory rulings will be processed as either a Type 2 or Type 3 application. 5.1.1130 Effect of Declaratory Ruling (A) A declaratory ruling will be conclusive on the subject of the ruling and bind the parties thereto as to the determination made. (B) SDC 5.1.1030 Limitations on Refiling Applications notwithstanding, and except as specifically allowed therein, parties to a declaratory ruling are not entitled to reapply for a declaratory ruling on the same question. (C) Except when a declaratory ruling is made by the City Council, the ruling does not constitute a final policy of the City of Springfield. 5.1.1200 Development Agreements 5.1.1205 Purpose 5.1.1210 Applicability 5.1.1215 Initiation 5.1.1220 Negotiations 5.1.1225 Adoption 5.1.1230 Hearings Official 5.1.1205 Purpose (A) The purpose of this section is to clarify the authority and procedures for City Council consideration of Development Agreements authorized by ORS Chapter 94 outside the land use process. 5.1.1210 Applicability (A) The City Council may establish a Development Agreement between the City and any person having a legal or equitable interest in real property for the development of that property. Development Agreements that do not include a development application are not governed by the City’s Development Code and may be established in any manner deemed appropriate by the Council, consistent with the Council’s authority under the City’s Charter. Development Agreements that contain a development application are governed by this Attachment 1, Page 36 of 39 Page 37 of 39 June 24, 2021 section. The following include but are not limited to situations that may require a Development Agreement as described by this section: (1) Multiple party or partnership situations; (2) Large infrastructure requirements; (3) Timing issues; (4) Litigation; (5) Urban renewal. 5.1.1215 Initiation (A) Development Agreements governed by this section may be initiated by the Council on its own motion or in response to a request by City staff, following consultation with any person having a legal or equitable interest in the property that is the subject of the proposed Development Agreement. Neither City staff nor the Council are required to proceed with consideration of a request for a Development Agreement. 5.1.1220 Negotiation (A) Negotiations between the parties to a Development Agreement must commence upon a request by the City Council to identified City staff to establish a Memorandum of Understanding (MOU) regarding the anticipated scope of the Development Agreement. 5.1.1225 Adoption (A) The provisions of ORS 94.504 through 94.528 must be followed in the adoption of a Development Agreement under this section. Once a preliminary agreement is reached between the parties, the owner or owners of the property that is the subject of the Development Agreement must submit an application to the Director for adoption of the Development Agreement and for any development application requested in connection with the Development Agreement. 5.1.1230 Hearings Authority (A) Notwithstanding any other provision of this code to the contrary, the City Council is the Hearings Authority for a Development Agreement. The Council may appoint the Planning Commission to serve as the Hearings Authority for specific development applications associated with a proposed Development Agreement, prior to the final decision on the Development Agreement as a whole. In that event, the Council must establish a schedule for such decisions, and must consider, but will not be bound by, such decisions. 5.1.1300 Summary of Development Application Types There are four types of procedures: Type 1, 2, 3, and 4. Table 5.1.1300 lists the City’s development applications and their required types of procedure(s). Attachment 1, Page 37 of 39 Page 38 of 39 June 24, 2021 Type of Application Decision Type Applicable SDC Sections Accessory Dwelling Unit Type I 5.5-100 Amendment of Development Code Text Type IV 5.6-100 Amendment of Refinement Plan Text or Diagram Type IV 5.6-100 Annexation Type IV 5.7-100 Appeal of a Type II Director’s Decision Type III 5.3-100 Appeal of Type III Decision to City Council Type IV 5.3-100 Appeal of an Expedited Land Division Type III 5.3-125 Conceptual Development Plan Type III Applicable Section Conceptual Development Plan Amendment Type III Applicable Section Demolition of Historic Landmark Type III 3.3-900 Determination of Nonconforming Use Status Type I 5.8-100 Development Issues Meeting Type I 5.1-100 Discretionary Use Type III 5.9-100 Drinking Water Protection Overlay District Development Type I 3.3-200 Duplex and Attached Single-Family Dwelling Design Standards Type I 4.7-142 Emergency Medical Hardship Type II 5.10-100 Establishment of Historic Landmark Inventory Type III 3.3-900 Expansion/Modification of a Non-Conforming Use Type II 5.8-100 Expedited Land Division Type II 5.1-145 Extraterritorial Extension of Water or Sewer Service Type IV 3.3-825 Final Site Plan Equivalent Type I 5.17-100 Final Site Plan Review/Development Agreement Type I 5.17-100 Floodplain Development Type I 3.3-400 Hillside Development Overlay District Type II 3.3-500 Historic Commission Review—Major Alteration Type II 3.3-900 Historic Commission Review—Minor Alterations Type I 3.3-900 Home Occupations Type I 4.7-165 HS Hospital Support Overlay District Type II 3.3-1100 Interpretation involving policy Type IV 5.11-100 Interpretation not involving policy Type III/no formal review 5.11-100/3.4-260 Land Use Compatibility Statement Type I 3.1-100 Major or Minor Replat Tentative Plan Type II 5.12-100 Major or Minor Replat Plat Type I 5.12-100 Major Variance Type III 5.21-100 Manufactured Dwelling Park Type II 3.2-235 Manufactured Dwelling Park Space Line Adjustment Type I 3.2-235 Manufactured Home—Temporary Residential Use Type I 3.2-235 Master Plan Type III 5.13-100 Master Plan Amendment Various 5.13-100 Metro Plan Amendment Type I (text) or Type II (diagram) Type IV 5.14-100 Minimum Development Standards Type I 5.15-100 Minor Variance Type II 5.21-100 Partition Tentative Plan Type II 5.12-100 Commented [RM27]: Need to go through this list and verify each type etc. Double check section numbers. Change Type numbers from roman to standard. Attachment 1, Page 38 of 39 Page 39 of 39 June 24, 2021 Pre-Application Report Type I 5.1-100 Property Line Adjustment—Single Type I 5.16-100 Property Line Adjustment—Serial Type II 5.16-100 Site Plan Modification—Minor Type I 5.17-100 Site Plan Review Modification—Major Type II 5.17-100 Site Plan Review Type II 5.17-100 Solar Access Protection Type II 5.18-100 Subdivision Tentative Plan Type II 5.12-100 Tree Felling Permit Type II 5.19-100 Vacation of Plats, Public Right-of-Way, or Other Public Property Type IV 5.20-100 Vacation of Public Easements Type II 5.20-100 Willamette Greenway Overlay District Development Type III 3.3-300/3.4-280 Wireless Telecommunications Systems Facilities Type I, II, or III 4.3-145 Land Use District Map Amendment Type III 5.22-100 Deleted: Zoning Attachment 1, Page 39 of 39 Page 1 of 3 May 28, 2021 Section 3.2.300 – Commercial Districts (NC, CC, MRC, GO) Subsections: 3.2.305 Purpose and Applicability 3.2.310 Use Category Determination 3.2.315 Commercial Use Categories 3.2.320 Permitted Uses 3.2.325 Development Standards 3.2.305 Purpose and Applicability (A) Purpose. The purpose of the Commercial Districts is to: (1) Broaden, improve, and diversity the Springfield economy while maintaining or enhancing environmental quality and Springfield’s natural heritage. (2) Strengthen and maintain strong, connected employment centers and economic corridors to support small, medium, and large businesses. (3) Establish, strengthen, and maintain viable commercial centers to improve the community’s access to goods and services. (4) Make development decisions predictable and cost effective. (B) Applicability. The provisions in this section apply to development in the Neighborhood Commercial (NC), Community Commercial (CC), Major Retail Commercial (MRC), and the General Office (GO) Districts. These districts are identified on the City’s official Zoning Map. Properties designated within each district that contain additional standards must comply with the provisions of the applicable district, except as may be modified by this section. The districts serve different uses as described below. Land Use District Location and Characteristics Neighborhood Commercial (NC) This district is intended to provide opportunities for sites to provide day to day commercial needs. Community Commercial (CC) This district is intended to provide opportunities for sites to provide for a wide range of retail sales, retail service, and professional office uses. This district is intended to include all existing strip commercial areas. Major Retail Commercial (MRC) This district is intended to provide opportunities for sites suitable for shopping centers. General Office (GO) This district is intended to provide opportunities for office uses as a transition, providing a buffer between residential districts and more intensive commercial development at the boundaries of a Community Commercial or Major Retail Commercial district. 3.2.310 Use Category Determination (A) For the purpose of this Section 3.2.300, uses and activities are classified into use categories on the basis of common functional, product, or physical characteristics, as described below. Check for naming consistency. Discuss the difference between these to options with Kristina and Jim D. Attachment 2, Page 1 of 9 Page 2 of 3 May 28, 2021 (1) Determination. Uses are assigned to the category whose description most closely describes the nature of the primary use. Developments may have more than one primary use. Developments may also have one or more accessory uses. When a use’s category is not clearly identifiable, the Director determines the applicable use category through a Type 2 approval process. The Director will consider the following factors to determine what use category the use is in, and whether the activities constitute primary uses or accessory uses: (a) The description of the activity in relationship to the characteristics of each use category; (b) The relative amount of site or floor space and equipment devoted to the activity; (c) Relative amounts of sales from each activity; (d) The customer type for each activity; (e) The relative number of employees in each activity; (f) Hours of operation; (g) Building and site arrangement; (h) Vehicles used with the activities; (i) The relative number of vehicle trips generated by the activities; (j) The signage for the proposed use(s) and activities; (k) How the use advertises itself; and (l) Whether the activities function independently of other activities on the site. (2) Multiple uses. When all of the primary uses of a development fall within one use category, then the development is assigned to that use category. When the primary uses of a development fall within different use categories, each primary use is classified in the applicable category and is subject to the regulations for that category. (3) Determination of Similar Land Use. Subject to prior submittal and approval of an application pursuant to Type 2 procedures, uses and development similar to uses and development in Table 3.3.320 may be allowed if found by the Director to be “clearly similar” to the uses and development allowed by Table 3.3.320. The applicant has the burden to provide sufficient information to allow the Director to make findings on the following criteria. The Director must make findings that the proposed use is “clearly similar” based on the following criteria: (a) The use and development are consistent with the purpose of this section. (b) When compared with the uses and development permitted by Table 3.2.420, the use and development are similar to one or more of these uses and development based on an analysis of the: (i) Goods or services traded from the site; (ii) Bulk, size, and operating characteristics of the proposed use and development; and (iii) Parking demand, customer types and traffic generation. Attachment 2, Page 2 of 9 Page 3 of 4 May 28, 2021 (c) The use and development comply with the other applicable provisions of this Section. Similar use determinations that are not “clearly similar” because they do not meet the standards above, must be made in conformance with the procedures in Springfield Development Code 5.11.100, Interpretations. 3.2.315 Commercial Use Categories (A) Retail Sales and Service The code provides for three types of Retail Sales and Service uses. The three types include automobile dependent uses; automobile oriented uses; and non-automobile dependent or oriented uses. The distinctions are specified below. (1) Automobile-dependent use. Uses where automobiles and/or other motor vehicles are served by the use and the use would not exist without them, such as vehicle repair, gas station, car wash, or auto and truck sales. (2) Automobile-oriented use. Uses where automobiles and/or other motor vehicles are an integral part of the use, such as drive-up, drive-in, and drive-through facilities. (3) Non-automobile dependent or oriented use. Retail Sales and Service uses that do not qualify as automobile dependent or automobile oriented. (B) Eating and Drinking Establishment (1) Eating and Drinking Establishment uses include but are not limited to: restaurants, cafes, and similar types of land uses that prepare and serve edible goods for consumption by the customer including beverage service. (C) Offices and Clinics (1) Office and clinic uses include but are not limited to: a wide range of business and professional offices; and medical clinics and offices. Examples of these uses include doctor, dentist, chiropractor, optometrist, research, processing, and laboratory facilities. (D) Warehouse and Wholesale sales (1) Warehouse and Wholesale sales uses include the wholesale storage or movement of goods by a company for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present. Wholesale Sales refers to the sale, lease, or rent of products primarily intended for industrial, institutional, or commercial businesses. The uses emphasize on-site sales or order taking and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited as a result of the way in which the firm operates. Products may be picked up on site or delivered to the customer. Attachment 2, Page 3 of 9 Page 4 of 5 May 28, 2021 (2) Examples of Warehouse and Wholesale sales uses include but are not limited to: regional distribution headquarters including storage, wholesale warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; wholesale distribution centers; truck/ freight terminals; bus barns; parcel delivery services; major post offices; grain terminals; and the stockpiling of sand, gravel, or other aggregate materials. Additionally, wholesale sales includes sale or rental of machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures; mail order houses; and wholesalers of food, clothing, auto parts, building hardware, and office supplies. (3) Exceptions (a) Uses that involve the transfer or storage of solid or liquid wastes are classified as Waste-Related uses. (b) Uses that engage primarily in sales to the general public are classified as Retail Sales and Service. (c) Uses that engage in sales on a membership basis are classified as Retail Sales and Service. (E) Secondary Use (1) Secondary Use means a use that is integrated with the primary use, is not stand alone, and is not permitted in the absence of a primary use. (F) Accessory Use (1) Accessory Use means a use that is subordinate to the primary use. 3.2.320 Permitted Uses (A) The land uses listed in Table 3.2.420 are permitted in each of the applicable districts, subject to the provisions of this section. Table 3.2.320 Permitted Uses Land Use Commercial District Special Use Standards NC CC MRC GO Commercial Retail Sales and Service (non-automobile dependent/oriented) P* P P P* Sec. 4.7.230 and 4.7.235 *Retail Sales and Service (automobile dependent) N P P N See new section… *Retail Sales and Service (automobile oriented) N P P N See new section… *Marijuana Business: marijuana retail outlet (recreational or medical) N P P N Sec. 4.7.177 *Recreation Facilities P P P N Sec. 4.7.205 Just flagging that we will need to change language in Glenwood prohibited uses to match this classification of Costco, etc., as "retail sales and services" I think these are criteria instead of factors, because we wouldn't allow a use that doesn't comply with other applicable provisions of the chapter under (c), as long as (a) and (b) were met. criteria = all must be met factors = ambiguous about whether all apply or only one or more ‐ so I would stay away from factors on its own (use language like "one or more of the following factors," or "the following factors, based on totality of the circumstances," that gives context on how to weigh factors.) Work on these? Both needed? Difference? Combine? Discuss with Jim D and Kristina K. See Section 4.7.115 Attachment 2, Page 4 of 9 Page 5 of 6 May 28, 2021 Table 3.2.320 Permitted Uses Land Use Commercial District Special Use Standards NC CC MRC GO Eating and Drinking Establishments (with drive-through) P P P N Eating and Drinking Establishments (without drive-through) P P P P* Sec. 4.7.145 Offices and Clinics P P P P *Animal hospital, animal clinic, or kennel N P N N Sec. 4.7.110 *Garden Supply or Feed Store N P P* N Sec. 4.7.140 *Manufactured unit as a temporary construction office, security quarters, or general office. P P P P Sec. 4.7.185 4.8.110, and 4.8.120 Manufactured home as a manufactured home sales office P P P N Sec. 4.8.115 Lodging Hotels and motels N P P N *Bed and breakfast P P N N Sec. 4.7.120 Hostel P P N N Emergency housing N PNN *RV park N P N N Sec. 4.7.220 Industrial *Manufacture or assembly of goods or products to be sold on premises N P N N Sec. 4.7.145 *Warehouse and Wholesale sales N P N N Sec. 4.7.245 Residential *Residential uses in areas designated Mixed Use in: the Metro Plan; a Refinement plan; or in Mixed Use district in this code. P P P N Sec. 4.7.210 Registered or Certified Family Child Care Home P P P P Transportation Facilities Dock, boat ramp, and marinas N D N N *Heliport or helistop N P P N Sec. 4.7.240 *Transit Station N P P N Sec. 4.7.240 Linear Park P P P P Bicycle paths and pedestrian trails P P P P Other Secondary Use (as defined) P D D P* Sec. 4.7.145 Accessory Use (as defined) P P P P Agricultural cultivation of vacant land N P P N Secondary uses? These need to be allowed as an outright permitted use in all residential and commercial zones? Specified in ORS 329A.440 Attachment 2, Page 5 of 9 Page 6 of 7 May 28, 2021 Table 3.2.320 Permitted Uses Land Use Commercial District Special Use Standards NC CC MRC GO Public and Institutional Private/Public Elementary and Middle Schools D* D* N N Sec. 4.7.195 and 5.9.110 Branch educational facilities P P P N *Place of worship P P P P Sec. 4.7.380 *Child Care Facilities P P P P Sec. 4.7.125 Club (see definition 6.1.110) P PPN Hospital P P P N Community Service; includes Governmental Offices P P P P High impact public utility facilities S S S S Sec. 4.7.160 Low impact public utility facilities P P P P Communication towers, including antennas and relay equipment N D D N *Wireless Telecommuncations System (WTS) Facilities See Sec. 4.3.145 See Sec. 4.3.145 See Sec. 4.3.145 See Sec. 4.3.145 Sec. 4.3.145 P=Permitted Use; D=Discretionary Use permit required; N=Not Allowed; * Permitted subject to Special Development Standards. 3.2.325 Development Standards In addition to applicable provisions contained elsewhere in this code, the development standards listed in this section apply to all development in commercial districts. In cases of conflicts in this section between the general standards and the area-specific standards, the area-specific standards apply. (A) Lot Area, Dimensions, and Coverage The following Table 3.2.325 sets forth the commercial district lot area, lot dimension, and coverage standards. Table 3.2.325(A) Commercial District Lot Area, Dimension, and Coverage Standards Development Standard NC CC MRC GO Minimum lot/parcel size 6,000 square feet 6,000 square feet 6,000 square feet 6,000 square feet Individual lease space size. 15,000 square feet maximum N/A N/A N/A Minimum frontage, see (1) below 50 feet 50 feet 50 feet 50 feet See footnote (10) in CI zone. Add this language to Sec. 4.7.160? “If approved in a Conceptual Development Plan, or a Master Plan for the subject CI site, or included in an adopted Public Facilities Plan, high impact public facilities are subject only to Site Plan Review approval.” Attachment 2, Page 6 of 9 Page 7 of 8 May 28, 2021 Table 3.2.325(A) Commercial District Lot Area, Dimension, and Coverage Standards Development Standard NC CC MRC GO Panhandle lot/parcel minimum frontage, both single and double panhandles Not permitted 40 feet Not permitted Not permitted Maximum lot/parcel coverage 35 percent Limited only by requirements of others Sections of this Code Minimum landscaping Perimeter and interior landscaping area combined coverage must not be less than 20% of the total development area. Minimum landscaping area established by standards in other sections of this code. Maximum parking, loading, and vehicular circulation area coverage 45 percent Lot/parcel coverage established by standards in other sections of this code. (1) The frontage standard does not apply when the following are met: (a) The lots/parcels have been approved as part of a Master Plan, Site Plan, Subdivision, or Partition application; and (b) Access has been guaranteed via a private street or driveway by an irrevocable joint use/access agreement as specified in Section 4.2.120(A). (B) Setbacks Setbacks provide separation between commercial and non-commercial uses for fire protection/security, building maintenance, sunlight and air circulation, noise buffering, and visual separation. All developments must meet applicable fire and building code standards, which may require greater setbacks than those listed in this section (e.g., for combustible materials, etc.). Required setbacks are measured from the special street setback in Section 4.2.105(N), where applicable. The following setback standards apply to all structures, except as otherwise provided by this section. (1) Front yard building setback Attachment 2, Page 7 of 9 Page 8 of 9 May 28, 2021 (a) All commercial districts (NC, CC, MRC, and GO). (i) The minimum front yard building setback is 10 feet. (2) Parking, driveway, or outdoor storage setback (a) Neighborhood Commercial. The minimum yard setback for parking, driveway, or outdoor storage is 7 feet from any property line. (b) Other commercial districts (CC, MRC, and GO). The minimum yard setback for parking, driveway, or outdoor storage is 5 feet from any property line. (3) Setback Exceptions (a) There are no setbacks required for buildings in the Downtown Exception Area. (b) Architectural extensions may extend into any 5-foot or larger setback by no more than 2 feet. (c) Where a public utility easement (PUE) is larger than the required setback standard, no building, architectural extension, or above grade structure, except a fence, can be built upon or over that easement. Table 3.2.325(B) summarizes the above setback standards, subject to the exceptions above. Table 3.2.325(B) Setback Standards Development Standard NC CC MRC GO Front setback for building 10 feet 10 feet 10 feet 10 feet Setback for parking, driveway, or outdoor storage 7 feet 5 feet 5 feet 5 feet (C) Height (1) The following building height standards are intended to promote land use compatibility and flexibility for commercial development at an appropriate community scale. (a) Buildings and structures in the Neighborhood Commercial District are limited to the maximum height of 20 feet. (b) Buildings and structures in the Community Commercial, Major Retail Commercial, and General Office Districts have no maximum height, except when abutting a residential district. When abutting a residential district the following height standards apply: (i) The height of a structure must not exceed the height permitted in the adjacent R-1 or R-2 residential land use district for a distance of 50 feet. See code section 3.4.265 note 4. Existing language needs to be changed elsewhere too. Kristina K comment This is much too broad and get into an area of private property relationships that we do not want to govern. This should be limited to whatever specific type of easement(s) make sense to the City to regulate – i.e. easements that are an alternative to minimum setbacks, PUEs, etc. Some easements may be private easements for access or sunlight or views, that the City may not want to enforce directly. Keep or delete? This would be true even if we don’t state it here. Attachment 2, Page 8 of 9 Page 9 of 9 May 28, 2021 (2) Incidental equipment, as defined in SDC 6.1.110 may exceed the height standard. Table 3.2.325(C) summarizes the above height standards. Table 3.2.325(C) Height Standards Development Standard NC CC MRC GO Maximum Height 20 feet No Maximum Height, except when abutting residential districts. When directly abutting an R-1 or R-2 district, the height of a structure must not exceed the height permitted in the adjacent R-1 or R-2 residential land use district for a distance of 50 feet from the property line. Attachment 2, Page 9 of 9 Page 1 of 3 May 27, 2021 Section 3.2.400 – Industrial Districts (CI, LMI, HI, SHI) Subsections: 3.2.405 Purpose and Applicability 3.2.410 Categorizing Land Uses 3.2.415 Industrial Use Categories 3.2.420 Permitted Uses 3.2.425 Development Standards 3.2.430 Campus Industrial District – Operational Performance Standards 3.2.435 Campus Industrial District – Monitoring Uses 3.2.440 Campus Industrial District – Status of Existing Uses 3.2.445 Campus Industrial District – Conceptual Development Plans and Master Plans 3.2.450 Campus Industrial District – Design Standards 3.2.455 Business/Industrial Parks 3.2.405 Purpose and Applicability (A) Purpose. The purpose of the Industrial Districts is to: (1) Broaden, improve, and diversity the Springfield economy while maintaining or enhancing environmental quality and Springfield’s natural heritage. (2) Provide certainty, predictability, and flexibility in the development of industrial development. (3) Make development decisions predictable and cost effective. (B) Applicability. This section applies to development in the Campus Industrial (CI), Light Medium Industrial (LMI), Heavy Industrial (HI), and the Special Heavy Industrial (SHI) Districts. These districts are identified on the City’s official Zoning Map. Properties designated within each district that contain additional standards must comply with the provisions of the applicable district, except as may be modified by this section. The districts serve different uses as described below. District Location and Characteristics Campus Industrial (CI) This district is intended to provide opportunities for diversification of the local economy by offering prime sites in a campus environment for large-scale light manufacturing firms and research and development complexes emphasizing modern technology and employing skilled workers in family wage jobs. The term “campus” includes innovative building designs, enhanced landscapes, large open spaces, and substantial pedestrian amenities. Light-Medium Industrial (LMI) This district is intended to provide opportunities for the secondary processing of materials into components, the assembly of components into finished products, transportation, communication and utilities, wholesaling, and warehousing. The external impact from these uses is generally less than Heavy Industrial, and transportation needs are often met by truck. Still need to add these sections. Check for consistency Attachment 3, Page 1 of 13 Page 2 of 3 May 27, 2021 Activities are generally located indoors, although there may be some outdoor storage. This designation also can accommodate supporting offices and CI industrial uses. Heavy Industrial (HI) This district is intended to provide opportunities for the processing of large volumes of raw materials into refined materials and/or that have significant external impacts. Heavy Industrial transportation needs often include rail and truck. Less intensive industrial uses that are permitted in the LMI District are also permitted in this district. Special Heavy Industrial (SHI) This district is intended to provide opportunities to accommodate industrial developments that need large parcels, particularly those with rail access. Although the primary purpose of this district is to provide sites for heavy industries other industry is allowed. 3.2.410 Use Category Determination (Categorizing Land Uses???) (A) For the purpose of Section 3.2.400, uses and activities are classified into use categories on the basis of common functional, product, or physical characteristics, as described below. (1) Determination of Use Category. Uses are assigned to the category whose description most closely describes the nature of the primary use. Developments may have more than one primary use. Developments may also have one or more accessory uses. When a use’s category is not clearly identifiable, the Director, through an administrative action, determines the applicable use category. The Director will consider the following factors to determine what use category the use is in, and whether the activities constitute primary uses or accessory uses: (a) The description of the activity in relationship to the characteristics of each use category; (b) The relative amount of site or floor space and equipment devoted to the activity; (c) Relative amounts of sales from each activity; (d) The customer type for each activity; (e) The relative number of employees in each activity; (f) Hours of operation; (g) Building and site arrangement; (h) Vehicles used with the activities; (i) The relative number of vehicle trips generated by the activities; (j) The signage for the proposed use(s) and activities; (k) How the use advertises itself; and (l) Whether the activities function independently of other activities on the site. (2) Multiple uses. When all of the primary uses of a development fall within one use category, then the development is assigned to that use category. When the primary From KSK‐The Springfield Comp Plan has a note that says zoning for areas designated SHI is LMI or SHI, but will be more specifically determined in a refinement plan or future comp plan update. The only place designated/zoned SHI in Springfield is the Jasper Natron area. I wonder whether it would make more sense to set apart the SHI district in the same way as the UHA‐E area or CI areas, with its own discussion of its special status, rather than putting it in with the LMI and HI industrial zones? Discuss the difference between these two options with Kristina and Jim D. Which on would be better? Are they both needed? A type 1 verses a type 2 process? I recommend matching the Commercial District language with whatever you do here Rick S. likes better. From TAC conversation. Attachment 3, Page 2 of 13 Page 3 of 4 May 27, 2021 uses of a development fall within different use categories, each primary use is classified in the applicable category and is subject to the regulations for that category. (3) Determination of Similar Use Category. Subject to prior submittal and approval of an application pursuant to Type II procedures, uses and development similar to those found in Table 3.2.420 may be allowed if found by the Director to be “clearly similar” to the uses and development allowed by Table 3.2.420. The applicant has the burden to provide sufficient information to allow the Director to make findings on the following criteria. The Director must make findings that the proposed use is “clearly similar” based on the following criteria: (a) The use and development are consistent with the purpose of this section. (b) When compared with the uses and development permitted by Table 3.2.420, the use and development are similar to one or more of these uses and development based on an analysis of the: (i) Goods or services traded from the site; (ii) Bulk, size, and operating characteristics of the proposed use and development; and (iii) Parking demand, customer types, and traffic generation; and (c) The use and development comply with the other applicable provisions of this Section. Uses that are not “clearly similar” because they do not meet the standards above, may be allowed as a new use, according to the procedures and standards in section 5.11.100, Interpretations. 3.2.415 Industrial Use Categories (A) Industrial Use – employment activities, including, but not limited to the use of land primarily for the manufacture, assembly, fabrication, processing, storage, logistics, warehousing, importation, distribution and transshipment, and research and development, that generate income from the production, processing, handling or distribution of goods and services, including goods and services in the traded sector as defined by ORS 285A.010. (B) Heavy Manufacturing and Production (1) “Heavy Manufacturing and Production” refers to the manufacturing from raw materials, processing from raw materials, or assembly of goods. Natural, human- made, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site. Use, verses category above. From TAC. Check this reference. Needed? Attachment 3, Page 3 of 13 Page 4 of 5 May 27, 2021 (2) Examples of Heavy Manufacturing and Production uses include but are not limited to: lumber mills, pulp and paper mills, and other wood products manufacturing; manufacturing and processing of metals or metal products including enameling and galvanizing; biotechnology; manufacturing or processing of chemical, rubber, leather, clay, bone, plastic, stone, concreate, glass materials, or related products; manufacturing or production of food and beverage or related products; manufacturing of textiles or apparel; woodworking, including cabinet makers; the production of energy; and paper products or other similar materials manufacturing or processing. (3) Exceptions (a) Manufacturing of goods to be sold primarily on-site and to the general public is classified as Retail Sales and Service as found in section 3.2.300. (b) Manufacture and production of goods from composting organic material is classified as Waste-Related uses. (c) Warehouse, Freight Movement, and Distribution uses are classified under the Warehouse and Wholesale sales category. (C) Light Manufacturing, Fabrication, and Repair (1) “Light Manufacturing, Fabrication, and Repair” refers to the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, human-made, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site. (2) Examples of Light Manufacturing, Fabrication, and Repair uses include but are not limited to: manufacturing, fabrication, or repair of appliances, electronic equipment, furniture, signs, and similar goods; fabrication of metal or metal products; manufacturing, assembly, or repair of machinery, equipment, instruments, biotechnology; manufacturing of apparel or other finished goods made from canvas, cloth, fabrics, feathers, felt, leather, textiles, wool, yarn, or similar materials; finished woodworking and assembly, including cabinet makers; preparation of food and related products including catering establishments; breweries, distilleries, and wineries; media production facilities; and manufacturing of prefabricated or modular structures including manufactured homes and related components. (D) Industrial Service (1) “Industrial Service” refers to the repair or servicing of business or consumer machinery, equipment, products or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site. This needs work. Reword? Attachment 3, Page 4 of 13 Page 5 of 6 May 27, 2021 (2) Examples of Industrial Service uses include but are not limited to: welding shops; machine shops; tool repair; electric motor repair; repair of scientific or professional instruments; storage of building materials; heavy truck servicing and repair; tire re- treading or recapping; building, heating, plumbing or electrical contractors; printing, publishing and lithography; recycling operations; janitorial and building maintenance services including exterminators; fuel oil distributors; solid fuel yards; research, development, and testing laboratories or facilities; technology development and support centers; industrial laundry, dry-cleaning, and carpet cleaning plants; and photofinishing laboratories. (3) Exceptions (a) Contractors and others who perform Industrial Services off-site are included in the office category, if equipment and materials are not stored at the site, and fabrication or similar work is not carried on at the site. (b) Hotels, restaurants, and other services that are part of a truck stop are considered accessory to the truck stop. (E) Warehouse and Wholesale sales (1) Warehouse and Wholesale sales includes the wholesale storage or movement of goods by a company for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on- site sales activity with the customer present. “Warehouse” refers to the storage of finished and unfinished products and materials within an entirely enclosed building. This use may include facilities for regional wholesale distribution, if permitted by the applicable land use district. “Wholesale Sales” refers to the sale, lease, or rental of products primarily intended for industrial, institutional, or commercial businesses. The uses emphasize on-site sales or order taking and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited as a result of the way in which the firm operates. Products may be picked up on site or delivered to the customer. (2) Examples of Warehouse and Wholesale sales uses include but are not limited to: regional distribution headquarters including storage, wholesale warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; wholesale distribution centers; truck/ freight terminals; bus barns; parcel delivery services; major post offices; grain terminals; and the stockpiling of sand, gravel, or other aggregate materials. Additionally, wholesale sales includes sale or rental of machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures; mail order houses; and wholesalers of food, clothing, auto parts, building hardware, and office supplies. (3) Exceptions (a) Uses that involve the transfer or storage of solid or liquid wastes are classified as Waste-Related uses. Existing definition in 6.1. Also see new draft code section 3.2.415(E). Attachment 3, Page 5 of 13 Page 6 of 7 May 27, 2021 (b) Uses that engage primarily in sales to the general public are classified as Retail Sales and Service as found in section 3.2.300. (c) Uses that engage in sales on a membership basis are classified as Retail Sales and Service as found in section 3.2.300. (F) Waste-Related (1) “Waste-Related” includes uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the biological decomposition of organic material. Waste-Related uses also include uses that receive hazardous wastes from others and are subject to the regulations of OAR 340-100, Hazardous Waste Management. (2) Examples of Waste Related uses include but are not limited to: sanitary landfills, limited use landfills, waste composting, energy recovery plants, sewer treatment plants, portable sanitary collection equipment storage and pumping, processing of waste, and hazardous-waste-collection sites. (3) Exceptions (a) Disposal of clean fill, consisting of soil, rock, concrete, brick, building block, tile, or asphalt paving, which does not contain contaminants that could adversely impact public health and which does not contain putrescible waste, construction and demolition waste, or industrial solid waste, is not a Waste- Related use. (b) Sewer pipes that serve a development are considered a basic utility. (c) Recycling operations are not considered a Waste Related use. They are classified as an Industrial Service use. (G) Corporate or Regional Headquarters – means a building or portion of a building in which people are employed in the management or direction of a business consisting of one or more companies, or divisions or groups of companies. This use must be directly associated with and subordinate to a permitted use or a use allowed with a Discretionary Use Permit on the same site. Corporate or Regional Headquarters may be permitted as part of a large-scale light- manufacturing use or located within a business park. Corporate or Regional Headquarters also may be a stand-alone use. The acreage comprising standalone Corporate or Regional Headquarters site must be applied to the 40 percent gross acre standard for business parks. Corporate or Regional Headquarters must have at least 20 or more employees at the time of occupancy. (H) Secondary Use (1) Secondary Use means a use that is integrated with the primary use, is not stand alone, and is not permitted in the absence of a primary use. (2) Examples of secondary uses include but are not limited to: eating and drinking establishments; personal services such as hair stylists, beauty, fitness, spa, shoe Check. Needed? Modify existing def to this or keep existing in SDC 6.1.100? Remove employee density requirement? How defined? Phil F. from TAC. What is this intended to mean? Attachment 3, Page 6 of 13 Page 7 of 8 May 27, 2021 repair, dry cleaning, and tailors; child care facilities primarily serving employees; building maintenance services; industrial and professional equipment and supply stores; financial institutions including ATM’s. (3) Retail, wholesale and service uses, either alone or in combination, cannot exceed 20 percent of the gross floor area of a building. These uses exclude any drive-through facility and must not primarily serve the general public. Except for ATMs, each use is limited to 2,500 square feet of gross floor area. (4) Child care facilities may exceed the 2,500 square foot standard in order to comply with size requirements. (I) Accessory Use (1) Accessory Use means a use that is subordinate to the primary use. (2) Examples include but are not limited to: accessory structures; administrative professional or business offices; copying and photo developing; cafeteria serving employees; developed recreation area or pedestrian amenities serving the development area; storage yards or warehouses; parking lots and parking structures; truck fleet parking; repair and maintenance areas; docks; rail spur or rail lead line; heliports and helistops; and one dwelling unit per site. 3.2.420 Permitted Uses (A) The land uses listed in Table 3.2.420 are permitted in each of the applicable districts, subject to the provisions of this section. Table 3.2.420 Permitted Uses Land Use Industrial District Special Use Standards **CI LMI HI *SHI Industrial Heavy Manufacturing and Production N D P P Light Manufacturing, Fabrication, and Repair D P P P Industrial Service P P P P *Warehouse and Wholesale sales P P P P Sec. 4.7.245 Waste-Related N N D D Explosives or fireworks, manufacturing, warehouse, or distribution. N D D N Corporate Office/Headquarters P(4) P P P Sec. 4.7.100 Outdoor storage directly related to an approved use N P P P Automobile wrecking, or towing service operations N N D N Industrial Park N P P P Business Park P N N N Current code requires accessory uses to be located within the same building as the primary use. Secondary uses, however, could be located in separate buildings within the same development area as long as they do not exceed 50% of total gross floor area on the development site, under current code ‐ and as long as secondary uses aren't constructed first. (Not totally clear if that's what's intended by current code def. in 6.1‐110 but how it's been applied). Add new Section Attachment 3, Page 7 of 13 Page 8 of 9 May 27, 2021 Table 3.2.420 Permitted Uses Land Use Industrial District Special Use Standards **CI LMI HI *SHI Slaughter house N N D N Other *Secondary Use (as defined) P D D D Sec. 4.7.240 *Accessory Use (as defined) P P P P Sec. 4.7.240 *Marijuana Production facility N N P P Sec. 4.7.177 *Marijuana Processing facility N P P N Sec. 4.7.177 *Marijuana Wholesale facility N P P N Sec. 4.7.177 *Marijuana Retail outlet or sales, as primary or secondary use N N N N Sec. 4.7.177 *Recreational Facilities N P P P Sec. 4.7.205 Bicycle paths and pedestrian trails P P P P Linear Parks P P P P Agricultural cultivation of vacant land P P P P Public and Institutional *Education facilities (schools) N D* N N Sec. 4.7.195 *High impact public utility facilities D P P P Sec. 4.7.160 Low impact public utility facilities P P P P *Wireless Telecommunications System (WTS) Facilities N See Sec. 4.3-145 See Sec. 4.3-145 See Sec. 4.3-145 Sec. 4.3.145 P = Permitted Use; D=Discretionary Use permit required; N=Not Allowed; * Permitted subject to Special Development Standards; In the SMI District, the standard is found in Section 3.2.425(A)(1). ** Uses in the CI District must meet the operational performance standards specified in Section 3.2.430 3.2.425 Development Standards In addition to applicable provisions contained elsewhere in this code, the development standards listed in this section apply to all development in industrial districts. In cases of conflicts, standards specifically applicable in the industrial district apply. In cases of conflicts in this section between the general standards and the area-specific standards, the area-specific standards apply. (A) Lot Area, Dimensions, and Coverage The following Table 3.3.425 sets forth the industrial district lot area, lot dimension, and coverage standards. See footnote (10) in CI zone. Add this language to Sec. 4.7.160? “If approved in a Conceptual Development Plan, or a Master Plan for the subject CI site, or included in an adopted Public Facilities Plan, high impact public facilities are subject only to Site Plan Review approval.” Attachment 3, Page 8 of 13 Page 9 of 10 May 27, 2021 Table 3.2.425(A) Industrial District Lot Area, Dimension, and Coverage Standards Development Standard CI LMI HI SHI Minimum lot/parcel size 10,000 square feet 10,000 square feet 10,000 square feet 10,000 square feet see (1) below Minimum frontage, see (2) below 75 feet 75 feet 75 feet 75 feet Panhandle lot/parcel minimum frontage, both single and double panhandles N/A 40 feet 40 feet 40 feet Maximum lot/parcel coverage Limited only by requirements of others Sections of this Code (1) Until annexed to the City, the minimum lot/parcel size in the SHI District must be 40 acres and the minimum development area must be 10 acres. (2) The frontage standard does not apply when the following are met: (a) The lots/parcels have been approved as part of a Master Plan, Site Plan, Subdivision, or Partition; and (b) Access has been guaranteed via a private street or driveway by an irrevocable joint use/access agreement as specified in Section 4.2.120A. (B) Setbacks Setbacks provide separation between industrial and nonindustrial uses for fire protection/security, building maintenance, sunlight and air circulation, noise buffering, and visual separation. All developments must meet applicable fire and building code standards, which may require greater setbacks than those listed in this section (e.g., for combustible materials, etc.). Required setbacks are measured from the special street setback in Section 4.2.105N, where applicable. The following setback standards apply to all structures, except as otherwise provided by this section. (1) Front yard building setback (a) Campus Industrial District. (i) The minimum front yard building setback is 20 feet if abutting a local street. Attachment 3, Page 9 of 13 Page 10 of 11 May 27, 2021 (ii) The minimum front yard building setback is 30 feet if abutting a collector or arterial street. (b) Light Medium Industrial District. The minimum front yard building setback is 10 feet. (c) Heavy Industrial District. The minimum front yard building setback is 10 feet. (d) Special Heavy Industrial District. The minimum front yard building setback is 10 feet. (2) Parking, driveway, or outdoor storage setback (a) Campus Industrial District. The minimum yard setback for parking, or driveway is 5 feet from any property line. In the CI district no outdoor storage is allowed. (b) Light Medium Industrial District. The minimum yard setback for parking, driveway, or outdoor storage is 5 feet from any property line. (c) Heavy Industrial District. The minimum yard setback for parking, driveway, or outdoor storage is 5 feet from any property line. (d) Special Heavy Industrial District. The minimum yard setback for parking, driveway, or outdoor storage is 5 feet from any property line. (3) Other setbacks (a) Building Setback from a R-1, R-2, or R-3 residential district. (i) Campus Industrial District. The minimum setback for a building from a residential district boundary is 50 feet. (ii) Light Medium Industrial District. The minimum setback for a building from a residential district boundary is 10 feet. (iii) Heavy Industrial District. The minimum setback for a building from a residential district boundary is 10 feet. (iv) Special Heavy Industrial District. The minimum setback for a building from a residential district boundary is 10 feet. (b) Building setback from a CI district. (i) Campus Industrial District. NA. (ii) Light Medium Industrial District. The minimum setback for a building from a CI district boundary is 10 feet. specify R‐1, R‐2 and R‐3 residential Attachment 3, Page 10 of 13 Page 11 of 12 May 27, 2021 (iii) Heavy Industrial District. The minimum setback for a building from a CI district boundary is 10 feet. (iv) Special Heavy Industrial District. The minimum setback for a building from a CI district boundary is 10 feet. (c) Building Setback within the CI District from other districts. The minimum setback for a building within the CI district from another nonresidential district boundary is 10 feet. (d) Building separation from other buildings within the CI District. Campus Industrial District. The minimum building separation between buildings in the CI district is 20 feet. (4) Setback Exceptions & Special Circumstances (a) Where a public utility easement (PUE) is larger than the required setback standard, no building or above grade structure, except a fence, can be built upon or over that easement. (b) CI District setback exceptions. Required building setbacks and separations may be reduced through the Site Plan Approval process without a variance when: (i) The building design incorporates landscaped stormwater quality facilities within the setback area that also enhances pedestrian amenities and the campus environment; (ii) Necessary to protect natural assets identified in the Gateway Refinement Plan or elsewhere in this Code; (iii) Necessary to preserve existing healthy mature trees; (iv) Necessary to accommodate handicapped access requirements; or (v) Legally created lots/parcels do not meet the minimum lot/parcel size. Table 3.2.425(B) summarizes the above setback standards. Table 3.2.425(B) Setback Standards Development Standard CI LMI HI SHI Front setback for building 20/30 feet 10 feet 10 feet 10 feet Setback for parking, driveway, or outdoor storage 5 feet 5 feet 5 feet 5 feet Building setback from residential district 50 feet 10 feet 10 feet 10 feet Building setback from CI district N/A 10 feet 10 feet 10 feet Building setback within the CI district from other district 20 feet N/A N/A N/A Building separation from other buildings within CI district 20 feet N/A N/A N/A Yes because it reads as Delete? Some of these are not setbacks to I think you keep because Keep or delete? this would be true Attachment 3, Page 11 of 13 Page 12 of 13 May 27, 2021 (C) Height (1) The following building height standards are intended to promote land use compatibility and flexibility for industrial development at an appropriate community scale. (a) Buildings and structures in the Campus Industrial District are limited to the maximum height of 45 feet. (b) Buildings and structures in the Light Medium Industrial, Heavy Industrial, and Special Heavy Industrial Districts have no maximum height, except when abutting a residential district. When abutting a residential district the following height standards apply: (i) The height of a structure must not exceed the height permitted in the adjacent residential land use district for a distance of 50 feet. (2) Incidental equipment, as defined in SDC 6.1.110 may exceed the height standard. Table 3.2.425(C) summarizes the above height standards. Table 3.2.425(C) Height Standards Development Standard CI LMI HI SHI Maximum Height 45 feet No Maximum Height, except when abutting residential districts (see below) Industrial District abuts an R-1 or R-2 District N/A The height of a structure must not exceed the height permitted in the adjacent residential land use district for a distance of 50 feet from the property line. ADD TO SPECIAL USE STANDARD SECTION AND CI LAND USE DISTRICT STANDARDS (4) Corporate headquarters, regional headquarters, and administrative offices may be permitted as part of a large-scale light-manufacturing use or located within a business park. Corporate and regional headquarters may also stand alone. The acreage comprising stand alone corporate or regional headquarters site must be applied to the 40 percent gross acre standard for business parks specified in Note (2), above. Corporate and regional headquarters must have at least 20 or more employees at the time of occupancy. [NOTE] All of the additional language of SDC 3.2-424 – 3.2-450 as applicable to the CI District specific development standards and Business/Industrial Park standards will be included below unchanged except for formatting and minor editing for consistency. Attachment 3, Page 12 of 13 Page 13 of 13 May 27, 2021 From footnote 9 under use table. Include in CI specific development standards. (9) Warehousing is permitted only as a secondary use in the following circumstances: (a) For the storage and regional wholesale distribution of products manufactured in the CI District; (b) For products used in testing, design, technical training or experimental product research and development in the CI District; and/or (c) In conjunction with permitted office-commercial uses in the CI District. (d) The secondary use status of warehousing is typically determined by a square footage standard which is less than 50 percent of the gross floor area of the primary use. In the CI District, the number of employees at the time of occupancy may also be used to determine secondary use standards status. In this case, the primary use must have 20 or more employees and the warehousing use must have fewer employees than the primary use. If the employee standard is met, the warehousing use may have more square footage than the primary use. Attachment 3, Page 13 of 13 Page 1 of 3 June 24, 2021 Section 6.1.100 – Definitions Subsections: 6.1.105 Meaning of Common Words 6.1.110 Meaning of Specific Words and Terms 6.1.105 Meaning of Common Words (A) All words used in the present tense include the future tense. (B) All words in the plural include the singular, and all words used in the singular include the plural unless the context clearly indicates to the contrary. (C) The word “shall” directly and clearly imposes a duty upon someone or something; the subject of the sentence is obligated to do something. The term means “is required to” or “has a duty to”. This term is mandatory. (D) The word “must” is mandatory. (E) The word “may” is permissive. (F) Words defined in this Section may also be defined in Springfield Development Code (SDC) 6.1.100. (G) Where words are not defined in this Section, the following sources are consulted: the Springfield Development Code, including specifically SDC 6.1.100; the Metro Plan; State of Oregon Revised Statutes (ORS), State of Oregon Administrative Rules (OAR’s); and any dictionary of common usage, all of which will be interpreted by context. 6.1.110 Meaning of Specific Words and Terms A AASHTO. American Association of State Highway and Transportation Officials. Abutting (or Abut). Adjoining with a common boundary line. However, where two or more lots or parcels adjoin only at a corner or corners, they are not be considered abutting unless the common property line between the two lots or parcels measures eight feet or more in a single direction. Access. The approved means by which vehicles have ingress and/or egress to an approved lot/parcel or development area. Accessory Dwelling Units (ADU’s). A secondary, self-contained dwelling that may be allowed only in conjunction with a detached single-unit dwelling. An accessory dwelling unit is subordinate in size to the primary detached single-unit dwelling. An accessory dwelling unit has its own outside entrance and a separate kitchen, bathroom, and sleeping area. An accessory dwelling may be located within, attached to, or detached from the primary single unit dwelling. Accessory Structure. A structure of secondary importance or function on a site. In general, the primary use of the site is not carried on in an accessory structure. Accessory structures are generally detached from the primary structure. If accessory structures are attached to the primary structure, their structural framework is independent or semi-independent from the primary structure. For example, a porch, deck, or stairs that have their own footings or foundation are accessory structures even though they may be attached to the primary structure. A balcony that is supported totally Attachment 4, Page 1 of 47 Page 2 of 3 June 24, 2021 by the framework of the primary structure is not considered an accessory structure. Agricultural structures, including, but not limited to, barns, silos, hay sheds, drying sheds, and greenhouses are exempt from the Specific Development Standards of the underlying zoning district when located on land two acres or larger or on any lot/parcel with a valid farm deferral tax classification from the Oregon State Department of Revenue. Notwithstanding this exemption, land use activities conducted on land with agricultural structures must otherwise conform to the list of permitted uses within the underlying zoning district. (See also Primary Structure; Extension, Architectural; and Incidental Equipment; in SDC 6.1.100) Accessway. A dedicated easement or right-of-way intended to allow pedestrians and bicyclists convenient linkages, where no public street access exists, to streets, residential areas, neighborhood activity centers, industrial or commercial centers, transit facilities, parks, schools, open space, or trails and paths. Adaptive Reuse. A permitted use of a building that is different from its original or previous use, often involving conversion work involving substantial modifications. Adjacent. Abutting or located directly across a right-of-way. Administrative Office. A building or portion of a building, in which persons are employed in the day-to-day management or direction of a single business or division of that business. Agriculture. The cultivation of tree crops, plants, orchards, pasture, flower, berry and bush crops or the keeping, raising or breeding of livestock or poultry where permitted by the Springfield Municipal Code, 1997, and on any lot/parcel with a valid farm deferral tax classification from the Oregon State Department of Revenue. Agricultural structures, as defined elsewhere in this Code, also is defined as “Agriculture.” Alley. A service way providing means of public access to abutting property and not intended for general traffic circulation. Alter, Alteration. A modification in use of a structure that may or may not involve construction. As used in SDC 3.3.900, any construction, erection, remodeling, restoration, reconstruction, removal or exterior painting affecting the appearance or position of an Historic Landmark Site or Structure within or outside of a designated Historic District. Animal Clinic. A business establishment in which veterinary services are provided to small domestic pets on an out-patient basis with no overnight boarding allowed. Animal Hospital. A place where animals are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use. Appeal. A request for a review of a final decision by the Director, Planning Commission, or City Council in accordance with applicable procedures, based on the standards of this Code. Applicant. A person submitting an application; the owner of affected property, or the owner's duly authorized representative. The City Attorney may require proof of the Check procedures code section Attachment 4, Page 2 of 47 Page 3 of 4 June 24, 2021 sufficiency of the representative's authorization by the owner to act as applicant on the owner's behalf. Approval Authority. The individual or public body which has jurisdiction for making a decision on an application under the provisions of this Code. Aquifer. A geologic formation, group of formations, or part of a formation that is capable of storing and transmitting water in sufficient quantity to supply wells or springs. Automobile-dependent. A use where automobiles and/or other motor vehicles are served by the use and the use would not exist without them, such as vehicle repair, gas station, car wash, or auto and truck sales. Automobile-dependent also includes a drive-up or drive-through that does not have any indoor customer seating. Automobile-oriented use. A use where automobiles and/or other motor vehicles are an integral part of the use, such as drive-up, drive-in, and drive-through facilities. Automobile-oriented drive-up and drive-throughs must have indoor seating. Without indoor customer seating the use is classified as automobile-dependent as defined above. Automobile wrecking. The dismantling or disassembling of motor vehicles, including large truck or heavy machinery, or trailers, or the storage, sale salvage, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles, or their parts. An automobile wrecking use includes a wrecking yard. More than two dismantled, obsolete, or inoperable motor vehicles or parts thereof on one lot constitutes a wrecking yard. B Backhaul Network. The land lines that connect a WTS provider’s radio signals to one or more cellular telephone switching offices and/or local or long distance providers, or the public switched telephone network. Base Flow. The portion of a stream flow that is not run-off and results from seepage of water from the ground into a channel. The primary source of running water in a stream during dry weather. Bed and Breakfast Facility. A structure designed for and occupied as a single-family dwelling, in which travelers are lodged for sleeping purposes for two weeks or less and a morning meal provided, and for which compensation is paid. A Bed and Breakfast Facility is not a hotel, motel, boarding house or rooming house. Berm. A mound of earth used to deflect sound or used as a buffer in landscaping provisions to separate incompatible areas or to provide aesthetic enhancement in site design. Bicycle or Bike Lane. A portion of a street that has been designated, by striping, signage and pavement markings, for the exclusive use of bicycles. Bicycle Parking Space. A space for one standard bicycle within a lighted and secure bicycle rack, placed in a paved area. Check against procedures Removed from procedures. What replaced? Hearings Authority??? Check the rest of the code for this term. Attachment 4, Page 3 of 47 Page 4 of 5 June 24, 2021 Bikeway. Any street, path or way which in some manner is specifically designated for bicycle travel, regardless of whether the facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes. Block. An area of land containing one or more lots/parcels surrounded by public or private streets. Block Length. The distance along a public or private street between the centerline of two intersecting streets, including “T” intersections but excluding cul-de-sacs. Block Perimeter. The sum of all block lengths for a given block, also measured as the distance to travel once completely around the block, ending at the starting point as measured from the centerline of the street. Boarding House. A building where lodging and meals are provided for more than two weeks for compensation. This definition excludes bed and breakfast facilities. Bond, Performance or Security. Collateral security for the performance of a specific action or duty imposed by the City. Buildable Area of a Lot/Parcel. The area of a lot/parcel enclosed within the setback boundaries, exclusive of easements. Building. Any structure used or intended for sheltering any use or occupancy. As used in SDC 3.3.400 Floodplain Overlay District, the terms “building” and “structure” are synonymous, and are framed, erected, constructed or placed to stand temporarily or permanently on a tract of land. This definition specifically includes a mobile home, manufactured home and any accessories, and gas or liquid storage tanks principally above ground. Building Board of Appeals. A board appointed in accordance with Section 2.500 to 2.574 of the Springfield Municipal Code, 1997, to hear requests for alternate building methods/materials. Building Envelope. That portion of a lot/parcel that has no development restrictions where the placement of driveways and structures can be established. The building envelope does not include the area of any required setbacks, tree protection plans, conservation zones or other protected areas as authorized by a limited land use decision. Building footprint. As applicable to Cottage Cluster Housing development specified in SDC 4.7.325(E)(1), The horizontal area as seen in plan, measured from outside of all exterior walls and supporting columns. It includes dwellings and any area of attached garage that exceeds 200 square feet. It does not include detached garages or carports; accessory structures; trellises; patios; areas of porch, deck, and balcony less than 30 inches from finished grade; cantilevered covers, porches or projections; or ramps and stairways required for access. Building Height. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof, to the deckline of a mansard roof, or to the average height of the gables of a pitched or hipped roof. The maximum height of a Attachment 4, Page 4 of 47 Page 5 of 6 June 24, 2021 stepped or terraced building is the maximum height of all segments of that building. The reference datum is, which either of the following of the 2 measurements that results in the greater building height. (1) The reference datum is the lowest grade when the highest ground surface within a 5- foot horizontal distance of the exterior wall is not more than 10 feet above the lowest grade. (2) The reference datum is 10 feet higher than the lowest grade when the ground surface described in A, above is 10 feet above the lowest grade. Building Official. The person responsible for the administration and enforcement of the Building Safety Codes; the duly authorized representative of the Director responsible, in consultation with the City Engineer, for the interpretation of SDC 3.3.400 Floodplain Overlay District. Building Permit. Written permission issued by the Building Official that construction may commence in accordance with this Code and the Building Safety Codes. Building Safety Codes. A book of codes including the Springfield Building Code Administrative Code, the Structural Specialty Code, the Mechanical Specialty Code, the Electrical Specialty Safety Code and the Plumbing Specialty Code. Build-To Line. A line parallel to the property line that prescribes a consistent plane of building façades along a public street and in certain circumstances, alley frontages. The build-to line provides predictable results in the urban form by requiring a set location for the buildings as opposed to the range of possible locations that a minimum setback allows. The build-to line can be adjusted by utilizing maximum building setbacks. Burden of Proof. The duty of producing evidence or establishing a given proposition in order to establish that the party seeking affirmative relief or action is entitled to relief or action by the applicable ordinances and statutes. Business Park. A development on one or more lots/parcels under common ownership with 2 or more separate buildings to accommodate light industrial uses, including, but not limited to, office research and development, manufacturing, assembly, warehousing and distribution, large administrative headquarters, and other professional and administrative uses. Light industrial uses permitted within the business park have no significant potential for major pollution, adverse visual impacts, or nuisance or hazard factors; and are planned, designed, constructed and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, off-street parking, utility needs, building design and orientation and open space, landscaping, noise control, outdoor storage and other site improvements as may be required by this Code. C Calendar Day. Any day of the year, including official City holidays and weekends. If any effective date or deadline falls on a weekend or holiday, the date or deadline will be effective on the next City working day. Attachment 4, Page 5 of 47 Page 6 of 7 June 24, 2021 Cannabinoid. Any of the chemical compounds that are the active constituents of marijuana. Cannabinoid Concentrate. A substance obtained by separating cannabinoids from marijuana by: (1) A mechanical extraction process; or (2) A chemical extraction process using a nonhydrocarbon-based or other solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol. Cannabinoid Edible. Food or potable liquid into which a cannabinoid concentrate, cannabinoid extract or dried marijuana leaves or flowers have been incorporated. Cannabinoid Extract. A substance obtained by separating cannabinoids from marijuana by: (1) A chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or propane; (2) A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, if the process uses heat or pressure; or (3) Any other process identified by the commission, in consultation with the authority, by rule. Cannabinoid Product. A cannabinoid edible and any other product intended for human consumption or use, including a product intended to be applied to the skin or hair that contains cannabinoids or dried marijuana leaves or flowers. Carport. A roofed accessory structure providing parking space which is open on two or more sides. Cell. A geographic area where a single radio transmission sending/receiving station (per provider) and the equipment necessary to connect these radio calls to land lines or other cells are located. Certificate of Occupancy. A document issued by the Building Official allowing the occupancy or use of a structure and demonstrating that the structure or use has been constructed in compliance with all applicable City codes and ordinances. Change of Use. A change from one existing permitted use to another permitted use in the applicable zoning district. Change of use includes changes that require construction or alteration to land or water outside of existing buildings, structures, or open storage areas; and that substantially alters or affects land or water—also, as used in SDC 3.4.280C., making a different use of the land or water. Change of use does not include a change of use of a building or other structure that does not substantially alter or affect the land or water upon which it is located, the sale of property, or modifications of existing structures, as may be permitted by this Section. Review this definition to make sure it matches up with new use categories, site plan process, and MDS, etc. Attachment 4, Page 6 of 47 Page 7 of 8 June 24, 2021 Childcare Facility. Any facility that provides child care to children, including a day nursery, nursery school, child care center, certified or registered family child care home, or similar unit operating under any name. Also see ORS 329A. For the purpose of a “Registered or Certified Child Care Facility” as allowed by ORS 239A.440, the following terms apply: “Certified” means the certification that is issued under ORS 329A.280 by the Office of Child Care to a family child care home, child care center, or other child care facility. “Registered” means the registration that is issued under ORS 329A.330 by the Office of Child Care to a family child care home where care is provided in the family living quarters of the provider’s home. ORS 329(A).250 (5)“Child care facility” means any facility that provides child care to children, including a day nursery, nursery school, child care center, certified or registered family child care home or similar unit operating under any name, but not including any: (a) Preschool recorded program. (b) Facility providing care for school-age children that is primarily a single enrichment activity, for eight hours or less a week. (c) Facility providing care that is primarily group athletic or social activities sponsored by or under the supervision of an organized club or hobby group. (d) Facility operated by: (A) A school district as defined in ORS 332.002; (B) A political subdivision of this state; or (C) A governmental agency. (e) Residential facility licensed under ORS 443.400 to 443.455. (f) Babysitters. (g) Facility operated as a parent cooperative for no more than four hours a day. (h) Facility providing care while the child’s parent remains on the premises and is engaged in an activity offered by the facility or in other nonwork activity. (i) Facility operated as a school-age recorded program. Church. See “Place of worship”. City. The City of Springfield. City Council. The Springfield Common Council. City Engineer. An Oregon Registered Professional Engineer who is an officer of the City and is charged with the supervision and construction of public improvements and the enforcement of City ordinances as they relate to public improvements, or a duly authorized representative. City Recorder. The Springfield Finance Director, or a duly authorized representative. City Surveyor. An Oregon Registered Professional Land Surveyor who is charged with conducting surveys of City facilities and with the enforcement of certain City ordinances and State statutes as they relate to subdivision and partitioning of land. Should we include all of the ORS def? Attachment 4, Page 7 of 47 Page 8 of 9 June 24, 2021 Clean Water Act (CWA). A federal law established in 1972 to restore and maintain the chemical, and physical and biological integrity of water, including lakes, river aquifers and coastal areas. Clinic. A facility consisting of single or multiple offices where a group of medical, allied health professions and alternative caregivers provide diagnosis, care and treatment of persons primarily on an outpatient basis. Club. An association of persons (whether or not incorporated), religious or otherwise, for a common purpose, but not including groups which are organized primarily to render a service carried on as a business for profit. Cluster Subdivision. A form of subdivision development that permits flexibility in dimensional requirements by reducing lot/parcel size, setback, street width and other developmental standards to allow a more flexible design than is permissible under the conventional subdivision process. This form of subdivision preserves open space and creates innovative residential designs that emphasize affordability and home ownership. Commercial Use – the use of land involving buying or selling of goods and services as the primary activity. Common Courtyard. A common area for use by residents of a cottage cluster. A common courtyard may function as a community yard. Hard and soft landscape features may be included in a common courtyard, such as pedestrian paths, lawn, groundcover, trees, shrubs, patios, benches, or gazebos. Common Wall. A wall or set of walls in a single structure shared by two or more dwelling units. The common wall must be shared for at least 25 percent of the length of the side of the building of the dwelling units. The common wall may be any wall of the building, including the walls of attached garages. Community Park. A park, normally between 15 and 100 acres in size, which provides a variety of moderate density use recreation and/or cultural opportunities and is centrally located for citizens of the community and immediate outlying areas. Conceptual Street Map. A map adopted into the Transportation System Plan depicting existing and future multi-use path and arterial and collector street alignments. Condominium. A form of ownership that is regulated in part by ORS 100.005 et seq. that may be applied to any dwelling type. Existing and new dwellings may be converted to condominium ownership; however, new dwellings must comply with the development standards specified in this Code for the particular type of dwelling. Congregate Care Facility. A building serving more than 15 elderly or infirm persons where daily meals are provided outside of each individual dwelling unit, on-site nursing facilities are available and the majority of residents do not own automobiles. Construction Activity. Includes, but is not limited to, clearing, grading, excavation, and other site preparation work related to the construction of buildings, and heavy Attachment 4, Page 8 of 47 Page 9 of 10 June 24, 2021 construction (for example, highways, streets, bridges, tunnels, pipelines, transmission lines and industrial non-building structures) Convenience Store. A small grocery typically open extended hours. Corporate Headquarters. A building or portion of a building in which persons are employed in the management or direction of a business consisting of one or more divisions or groups of companies. To be considered a corporate headquarters, the business must meet the applicable employee threshold specified elsewhere in this Code. Businesses that do not meet the applicable employee threshold are considered an administrative office. Cottage. An individual dwelling unit that is part of a cottage cluster. Cottage Cluster. A grouping of no fewer than four dwelling units per gross acre, each with a footprint of less than 900 square feet that includes a common courtyard. Cottage Cluster units may be located on a single Lot or Parcel, or on individual Lots or Parcels. Cottage cluster may also be known as “cluster housing,” “cottage housing,” “bungalow court,” “cottage court,” or “pocket neighborhood”. See SDC 4.7.325 Cottage Cluster. Cottage Cluster Project. A development area with one or more cottage clusters. Each cottage cluster that is part of the cottage cluster project must have its own common courtyard. Courtyard. An open, unoccupied space other than a required exterior yard, which usually provides amenities such as gardens, planters, seating, or art. Courtyard housing. Detached “zero lot line” dwellings on individual lots subject to the same standards as detached single unit dwellings, except that a three-foot minimum side yard setback is required on one side of a typical lot. This type of housing allows development on smaller (i.e., narrower) lots and provides usable outdoor living area in side-oriented yards. See SDC 4.7.335, Courtyard Housing. Deleted: site Attachment 4, Page 9 of 47 Page 10 of 11 June 24, 2021 Figure 6.1-A. Courtyard housing Cul-de-Sac. A short local street which has one end open to traffic and is terminated by a vehicle turn around, the cul-de-sac bulb. Cultivation or Cultivate. All phases of growth of marijuana from seed to harvest. Curb. The raised concrete border along the edge of a street or paved area. Curb Cut. The opening along the curb line at which point vehicles may enter and/or leave the public street. Cut. A portion of land surface from which earth is removed by excavation; the depth below the original ground surface or excavated surface. D Dance Hall. Any place of business whose primary function is dancing. Attachment 4, Page 10 of 47 Page 11 of 12 June 24, 2021 Dbh. The diameter of a tree measured 4-1/2 feet above the ground at the base of the tree. Dedication. The transfer of property interests from private to public ownership for a public purpose. Delineation. (From Oregon Health Department rules): The determination of the extent, orientation, and boundaries of a wellhead protection area using factors, for example: geology, aquifer characteristics, well pumping rates and time of travel. Demolition. Razing, destroying, dismantling, defacing, or in any other manner causing partial or total ruin of an Historic Landmark Site or Structure within or outside of a designated Historic Landmark District. De Novo. A hearing where new evidence may be provided, distinguished from a hearing based solely on an existing record. Density, net. The number of dwelling units for each acre of land in residential use, excluding: dedicated streets; dedicated parks; dedicated sidewalks; and other public facilities. Density, gross. The number of dwelling units for each acre of land including, but not limited to, areas devoted to streets, parks, sidewalks, and other public facilities. Design Standard. A standard related to the arrangement, orientation, materials, appearance, articulation, or aesthetic of features on a dwelling unit or accessory elements on a site. Design standards include, but are not limited to, standards that regulate entry and dwelling orientation, façade materials and appearance, window coverage, driveways, parking configuration, pedestrian access, screening, landscaping, and private, open, shared, community, or courtyard spaces. Designated Beneficial Use. The purpose or benefit to be derived from a watercourse. For the Willamette and McKenzie Rivers and all other streams and tributaries, the following beneficial uses apply: Public domestic water supply, private domestic water supply, industrial water supply, irrigation, live stock watering, anadromous fish passage, salmonid fish rearing, salmonid fish spawning, resident fish and aquatic life, wildlife, fishing, boating, water contact recreation aesthetic quality and hydro power (excluding the Willamette River). Developable Acre. 43,560 square feet of land that can be developed that includes common open space or recreational facilities reserved for the use of residents in a development, but excludes public property, including, but not limited to, parks and dedicated streets. At the request of the developer, the Director may exclude portions of the site that cannot be developed due to physical constraints, including, but not limited to, natural resources that are listed within a local inventory. Development. Any human-made change to improved or unimproved real estate, including, but not limited to, a change in use; construction, installation or change of a structure; subdivision and partition; establishment or termination of a right of access; storage of materials, equipment or vehicles on the land; drilling and site alteration due to land surface mining, filling, grading, dredging, paving, excavation or clearing of trees and Attachment 4, Page 11 of 47 Page 12 of 13 June 24, 2021 vegetation. Agricultural uses (including agricultural structures), when otherwise permitted by the base zoning district, are exempt from this definition unless agricultural structures are placed within adopted special flood hazard zones. As used in SDC 3.3.400, Floodplain Overlay District, any human-made change to improved or unimproved real estate located within the area of special flood hazard, including, but not limited to, buildings and other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations. As used in SDC 3.4.280(C), any activity within the Glenwood Riverfront portion of the WG Overlay District that would alter the elevation of the land; remove or destroy plant life; cause structures of any kind to be installed, erected, or removed; or result in a measurable change of any kind. Development and Public Works Department. The department responsible for the administration of this Code and the implementation of the Metro Plan within Springfield’s Urban Growth Boundary. Development Approval. Approval granted by the Director for a development which is in compliance with this Code and the Metro Plan and precedes the issuance of a Building Permit. Development Area. The area subject to any application required by this Code. Development, Phased. A project that is developed incrementally, with each phase capable of functioning independently of the others. Development Review Committee. City staff, representing each affected division and department of the City, and affected agencies and utility providers that meet on a regular basis to review land use requests and development proposals. Direct Tributary to a Water Quality Limited Watercourse. A direct tributary to a Water Quality Limited Watercourse (WQLW) is one that flows directly into a WQLW, excluding those watercourses that flow into the WQLW as a piped connection, where the pipe system extends more than 200 feet upstream of the connection point or is one that is a diversion from a WQLW and that discharges into either a WQLW or other direct tributary to a WQLW and where the water quality if the diverted flow at the discharge point has been degraded when compared with the water quality at the diversion point. Director. The Development and Public Works Director or the duly authorized representative who is responsible for the administration and interpretation of this Code. Discretionary Use. Any use not permitted outright in a particular zoning district because of its potentially incompatible characteristics requiring review by the Planning Commission or Hearings Official to determine whether that use should be permitted, and if so, adding any conditions of approval necessary to ensure compatibility with adjacent uses. DNAPL, Dense Non-Aqueous Phase Liquids. A group of hazardous materials that are denser-than-water (specific gravity greater than one), have low solubility rate, and degrade slowly to other compounds that are even more of a health hazard. For the purpose of Springfield’s drinking water protection, DNAPL chemicals are defined as “all chemicals displaying the characteristics of a DNAPL chemical or a material containing a substance considered a DNAPL chemical.” A list of DNAPLs regulated within the Attachment 4, Page 12 of 47 Page 13 of 14 June 24, 2021 Drinking Water Protection Overlay District must be as adopted by SUB on November 10, 1999. Door area. The area of the portion of a door other than a garage door that moves and does not include the frame. Downtown Exception Area. An area defined by the Willamette River on the west, 8th Street on the east, the alley between north B and north C Streets on the north, and a line north of the Southern Pacific Railroad tracks on the south. Downtown Planning Area. The area under the jurisdiction of the Springfield Downtown Refinement Plan that includes Springfield’s traditional Downtown area and the Booth-Kelly redevelopment area. Drainage Way. A natural or constructed watercourse which has the specific function of transmitting stream water or storm run-off water from a point of high elevation to a point of low elevation which convey significant seasonal concentrations of water over the surface of the land. Dripline. A roughly circular land area measured beneath a tree. The approximate center of the area is the trunk of the tree, and the radii are equal to the horizontal measures of the longest branches. Drive-Through Business. An establishment that sells products or provides services to occupants in vehicles where payment is made and the product or service is picked up at a drive-up window. This use includes, but is not limited to, the operation of drive-up or a drive-through service at a restaurant, bank or financial institution, personal services, and retail sales (e.g., pharmacy). Driveway. A vehicular access that provides connection between a structure or parking area on private property and the public street system. “Driveway” may include a private easement to provide vehicular access to more than two or more properties. Driveway approach. The edge of a driveway where the driveway abuts a public right of way. Attachment 4, Page 13 of 47 Page 14 of 15 June 24, 2021 Figure 6.1-B. Driveway approach Driveway, Curb Return. A driveway defined on both sides by a full height curb. Driveway, Joint Use. A driveway serving two or more properties. Driveway, Standard Driveway. A driveway created by depression of the street curb at its approach. Drop-Off Space. A paved, clearly marked short-term (less than 20 minutes) parking space, generally within 50 feet of a main building entrance, separated from required parking for staff and long-term visitors. DSL. The Oregon Department of State Lands. Duplex. Two dwelling units on one lot or parcel in any configuration. Units may be attached vertically or horizontally or detached. Dwelling Unit (Dwelling or unit). A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating cooking and sanitation. E Easement. An interest in property owned by another that entitles its holder to a specific limited use or enjoyment of that property. Elevation. The term is based on context and is either: a vertical distance above or below a fixed reference level; or a particular side of a building. Deleted: flat scale drawing of the front, rear or side As used in the middle housing code and confirmed by dictionary definition, an "elevation" is the side of the building, not a drawing of the side of the building. If the code requires an "elevation plan" or "elevation drawing," for example, it would be redundant to define "elevation" as the drawing. (I also note that you have used "elevation" in place of the model code's "facade" for the middle housing standards ‐ I think that's a good swap) Attachment 4, Page 14 of 47 Page 15 of 16 June 24, 2021 Emergency Shelter. The use of a church, school, motel, hotel, or other structure for housing the homeless on a short term basis due to a natural disaster or other reason. Endangered Species Act (ESA). A Federal law established in 1973 that provides significant protection for various species of fish, wildlife and plants facing extinction that are listed as needing protection. Engineer. A Registered Professional Engineer, licensed by the State of Oregon to practice in a specific branch of engineering. Engineering Design Standards and Procedures Manual (EDSPM). A document containing design standards and procedures prepared by the Public Works Department and adopted by resolution of the City Council. These standards and procedures are applicable to public and private improvements and allow City staff to provide certainty to developers and consultants to ensure safe, efficient, and cost effective transportation, sanitary sewer, and stormwater management system projects within the City and its Urban Growth Boundary. Excavation. The mechanical removal of earth material. Exempt Tree or Vegetation. The full height and breadth of vegetation that the Director has identified as “solar friendly” as specified in this Code; and any vegetation listed on a plat map, a document recorded with the plat, or a solar access guarantee as exempt. Ex Parte, Communication. A communication made at the instance of, or for the benefit of one party without notice to, contest by, or at least without an opportunity to be heard being given to other parties who will be bound or directly affected by the communication. Ex Parte, Proceeding. An action taken at the instance or benefit of one side only without notice to, contest by, or without the opportunity to be heard by other parties who will be bound or directly affected by the proceeding. Extension, Floor Area. An increase in the amount of floor area within an existing building. Extension, Architectural. Architectural appendages, including, but not limited to, cornices, eave overhangs, porches and balconies extending beyond an exterior wall of a building. (See also Accessory Structure.) Exterior. Any portion of the outside of an Historic Landmark Site or Structure or any addition thereto which can be seen from a public place. F FCC. The Federal Communications Commission; the Federal agency that regulates interstate and international communications by radio, television, wire, satellite and cable. Fell. To remove or cut a tree or the intentional use of any procedure, the natural result of which is to cause the death or substantial destruction of the tree. Fell does not include normal trimming, pruning or topping of trees. Deleted: Family. Two or more persons related by blood, legal adoption, guardianship or marriage living together; or unless modified by the Federal Fair Housing Law as it relates to people with disabilities, a group of not more than 5 persons who need not be related (as above) living together in a dwelling unit. Deleted: ¶ Attachment 4, Page 15 of 47 Page 16 of 17 June 24, 2021 Fence. A structure which serves as an enclosure, barrier or screen that is not part of a building. Fence, Sight Obscuring. A fence which screens an area or object, including, but not limited to, solid wood or metal fences or slatted cyclone fences. Fill. Sand, gravel, earth or other approved materials of any composition placed or deposited on the earth's surface by humans. Final Map. The finished drawing of the survey of a property line adjustment containing information necessary to comply with this Code and requirements resulting from review of the Preliminary Plan. Final Site Plan. The plan containing information necessary to comply with this Code and requirements resulting from review of the Preliminary Site Plan to which all construction improvements must conform. Final Survey. The recorded survey of a property line adjustment containing information necessary to comply with this Code and any conditions of approval resulting from review of the Preliminary Survey. Finance Department. The Springfield Finance Department. Finding. A written statement of facts, reasoning in support of conclusions, and determinations based on the evidence presented in relation to adopted criteria that are accepted by the Approval Authority in support of a decision. Flood/Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation of run-off of surface waters from any source. Flood, Base. The flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the “100 year flood.” Designation on maps always includes the letters A or V. Flood Hazard, Area of Special. The land in the floodplain subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. Flood Insurance Rate Map (FIRM). The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the applicable risk premium zones. Flood Insurance Study. The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. Flooding, Area of Shallow. A designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and intermediate; and, Attachment 4, Page 16 of 47 Page 17 of 18 June 24, 2021 velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding. Floodway. The channel of a river or other watercourse and the adjacent land areas that is reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Floor Area. The enclosed area of each full floor area a building measured to the external face of the external walls. Floor Area Ratio (FAR). The amount of floor area of a building or structure in relation to the amount of site area, expressed in square feet. For example, a floor area ratio of 0.7 to 1 means 0.7 square feet of floor area for every one square foot of site area. FAR is calculated by dividing the total floor area of building by the total site area. See Figure 6.1-C Figure 6.1-C. Floor Area Ratio Foster Home. Any dwelling or facility maintained and operated for the boarding and housing of more than 5 children who are not related by blood or marriage to the owner/operator of the dwelling or facility. HB 2583 makes this regulation inapplicable. We likely cannot regulate foster homes differently than single dwellings. Attachment 4, Page 17 of 47 Page 18 of 19 June 24, 2021 Fourplex. Four dwelling units on one lot or parcel. Units may be attached vertically or horizontally or detached. Fraternal Organization. A group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings, rituals and formal written membership requirements. Frequent Transit Corridor. Arterial and collector roadways forming a Frequent Transit Network, as identified in the adopted Springfield Transportation System Plan, representing the highest order of transit service along major thoroughfares within the City. Characteristics of Frequent Transit Network corridors include, but are not limited to: 10-15 minute transit frequency during peak travel times, a well-connected street and transit network providing circulation integrated with pedestrian and bicycle connections, support and compatibility with urban design goals for development along the corridors, geographically equitable coverage serving populations protected by Title VI of the 1964 Civil Rights Act, and high-quality transit station amenities. Front Façade. The façade with the main entry door and front porch or recessed entry. Frontage. That portion of a lot or parcel that abuts a dedicated public alley, street, or highway or an approved private alley, street, or shared court private access drive. Future Development Plan. A line drawing (required for some land division proposals, or building permits in the City’s urbanizable area) that includes the following information: the location of future right-of-way dedications based on the Springfield Transportation System Plan (including the Conceptual Street Map); block length and lot/parcel size standards of the SDC; a re-division plan at a minimum urban density established in this Code based on the existing Metro Plan designation of the property for any lot/parcel that is large enough to further divide; and the location of hillsides, riparian areas, drainage ways, jurisdictional wetlands and wooded areas showing how future development will address preservation, protection or removal. G Garage. A completely enclosed accessory building or portion of a main building intended for the parking of motor vehicles. Garage, Repair. A building used for the repair of motor vehicles, including body and fender work, painting, or engine and transmission overhaul. Grade. The degree of rise or descent of a sloping surface. Grade, Average Finished. The average finished ground level at the midpoint of all walls of a building. Where walls are parallel to and within five feet of a sidewalk, alley or public way, the ground level is measured at the elevation of the sidewalk, alley or public way. Grade, Finished. The elevation of the surface of excavation or fill placement. Grading. Any stripping, cutting, filling, stockpiling of earth or land, including the land in its cut or filled condition. Attachment 4, Page 18 of 47 Page 19 of 20 June 24, 2021 Gross Acre/Gross Acreage. A measurement of land that occurs before public streets or other areas reserved for public use are deducted from that land. Gross Density. See “Density, gross”. Gross Floor Area. The total floor area of a building including areas used exclusively for the service of a building; for example: mechanical equipment spaces and shafts; elevators; stairways; escalators and ramps; public restrooms; and enclosed loading docks or ramps. Ground Cover. Grasses or nursery plants cultivated to keep soil from being blown or washed away. Group Care Home. Any dwelling or facility maintained and operated exclusively for the care, boarding, housing and rehabilitation of more than 15 persons who are ill, physically or mentally disabled, and/or elderly, the majority of whom generally do not drive an automobile. This definition includes but is not limited to homes for the aged, nursing homes and congregate care facilities. H Halfway House. Any dwelling or facility for the care, boarding and housing of more than 5 persons who have been released from institutional care or who are placed in lieu of institutional care, i.e., work release programs. Hazardous Materials. Those chemicals or substances which are physical or health hazards as defined and classified in the most recently adopted or amended Fire Code by the City, whether the materials are in usable or waste condition. Hazardous Waste. Consistent with the Federal Resource Conservation and Recovery Act, a waste or a combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in serious irreversible illness or pose a substantial present or potential hazard to human health, safety, welfare or to the environment when improperly treated, stored, transported, used or disposed of, or otherwise managed; however, not to include solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under the Federal Water Pollution Control Act of 1967 as amended, or source, special nuclear, or by product material as defined by the Atomic Energy Act of 1954. Hearings Authority. An individual or group designated to hear Type 3 applications for land use decision. Heliport. An area, either at ground level or elevated on a structure, licensed or approved for the loading and takeoff of helicopters, and including auxiliary facilities, for example: parking, waiting room, fueling and maintenance equipment. Helistop. A heliport, but without auxiliary facilities, for example: parking, waiting room, fueling and maintenance equipment. High Impact Facility. A public or semi-public facility which serves development and which requires pre-planning or discretionary approval and special design features to It appears that group care homes are subject to HB 2583 so definition needs to remove "unrelated" or "related" references and just stick to overall number of occupants. Deleted: unrelated Deleted: unrelated Attachment 4, Page 19 of 47 Page 20 of 21 June 24, 2021 mitigate land use conflicts, including, but not limited to, visual, olfactory, or auditory impacts. Highway Ready. Reference to a recreational vehicle that is on wheels or a jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. Hillside Area. Any area in which the average slope exceeds 15 percent. Historical Commission. The Springfield Historical Commission. Historic Site. A structure or place of historic and cultural significance and designated accordingly by the City, State or Federal Government. Historic Landmark District. A geographic area designated in accordance with this Code which includes Historic Landmark Sites or Structures. Historic Landmark Inventory. A list of sites or structures which have been designated “Historic Landmark” in accordance with this Code. Historic Landmark Site or Structure. A building, structure, object, site or geographic area, within the city limits and the City’s urbanizable areas, within or outside of a designated Historic Landmark District, which has been listed on the Historic Landmark Inventory. Homeowner’s Association. A non-profit association governed by a declaration of protective restrictions, conditions, covenants, and charges made by the developer through which each lot/parcel owner or other described land area owner of a development is automatically subject. The purpose of the homeowner's association is to provide reasonable rules and regulations to enforce the covenants and restrictions and to keep, control, and maintain the common properties within the development. The association also provides for the assessment procedure to assure necessary funds. If the property is to be developed in phases, all phases must belong to the same association. The City Attorney must review drafts of the declaration prior to Final Plat approval. Hospital. A facility consisting of one or more buildings where health practitioners, allied health professions and alternative caregivers provide diagnosis, care and treatment of persons including convalescence and care during and after pregnancy, or for any other reason, where patients may be admitted for short-stay, day surgery, emergency service or overnight stay, or for a longer period. Hotel. A building in which lodging is provided to guests for compensation, consisting of a lobby and individual sleeping quarters, typically without cooking facilities, with separate entrances opening directly to an internal hallway. Parking may be on-site or in a separate parking structure. Hybrid Multi-Way Boulevard. A street design that accomplishes the fundamental goal of vehicular through traffic movement including transit facilities and also creates a pedestrian-friendly environment by providing slip lanes for local traffic, on-street parking, Attachment 4, Page 20 of 47 Page 21 of 22 June 24, 2021 safe pedestrian and bicycle facilities, and by locating buildings closer to or at the right-of- way line. I Impervious Surface. Any surface that either prevents or delays the infiltration of water into the soil as it entered under natural conditions preexistent to development, and/or a surface area that causes water to run off the surface in greater quantities or at an increased rate of flow than prior to development. Common impervious surfaces include: building roofs; traditional concrete or asphalt paving on walkways, driveways, parking lots, gravel lots and roads; and heavily compacted earthen materials. Improvement Agreement. A written agreement, executed by the property owner in consideration for the City deferring the construction of public improvements required for the development. Incidental Equipment. Rooftop or pole mounted structures that cast insubstantial shadows or have minimal visual impact, including, but not limited to: antennas, chimneys, solar collectors, small satellite dishes and flagpoles, but excluding large satellite dishes. (See also Accessory Structure.) Increase in Impact/Increased Impact. This definition includes, but is not limited to, additional traffic or noise generation, additional run-off or increase in impervious surface, additional shadow casting or diminished views, additional air or water borne pollution, additional hours of operation, or an increase in the risk of fire or structural hazard as the result of development. Incubator Development. Facilities that accommodate new business establishments spun-off from the research, development, and testing laboratories of a major institution, a related institution, or larger high- or bio-technology industry. If on-site manufacturing or production capabilities are included within an incubator development, the establishment will be classified as an industrial use. Industrial Park. A development on one or more lots/parcels under common ownership with two or more separate buildings that are designed, constructed and managed on an integrated and coordinated basis. Industrial parks are intended to accommodate heavy industrial uses as primary uses and office research and development, light manufacturing, light assembly, warehousing and distribution, large administrative headquarters, and other professional and administrative uses as secondary uses. Infill. The development of vacant, bypassed lands located in an area that is mainly developed. Infill, residential: (1) The development of up to four dwellings on land that is designated for residential use where at least 75 percent of the abutting properties have a structure, but not counting any abutting property that is large enough that it can be divided into five or more lots, or is currently developed with multiple unit housing. (2) A situation in which a single unit dwelling is removed to make way for up to four new dwellings (e.g., a single unit dwelling, duplex, triplex, or fourplex). Attachment 4, Page 21 of 47 Page 22 of 23 June 24, 2021 (3) “Residential infill” does not apply to land that is large enough that it can be divided into five or more lots consistent with the minimum lot size of the zoning district. Invasive Plants. Non-native plants that spread quickly, are highly competitive and difficult to control or eliminate. Introduced intentionally or accidentally through human actions and spread by seed, by birds, by wind, or vegetatively, these exotic plants can destroy native plants, choke waterways, degrade recreational areas and necessitate costly maintenance. The Invasive Plants List is a listing of plants that the City considers undesirable for use in landscaping within its jurisdiction. Inventoried Natural Resource. Any scenic areas, water areas, vegetation, wildlife and wildlife habitat that appears in an adopted Metro Plan Inventory. J Joint Use Access Agreement. A legally binding agreement between two or more property owners describing the rights and responsibilities of each owner regarding the use of a shared access to a public street. K Kennel. Any premises on which three or more dogs over the age of 6 months are housed, groomed, boarded, trained or sold for compensation. L Land and Drainage Alteration Permit (LDAP). A City permit for any fill, grading and excavation that is required before any site preparation work can begin. Landscape Architect. A person registered with the State of Oregon to practice Landscape Architecture. Landscaping. The term “landscaping” includes, but is not limited to, vegetative ground cover, grass, shrubs, trees, flowers and garden areas, ornamental concrete or stonework areas, permanent outdoor furniture and permanent irrigation. “Landscaping” also includes retention or reintroduction of native vegetation. Land Use Decision. A final decision or determination made by the Planning Commission, Hearings Official or City Council that concerns the adoption, amendment or application of the Statewide Planning Goals; a Metro Plan or refinement plan provision; a land use regulation; or new land use regulation. This definition does not include a decision which does not require interpretation or the exercise of factual, policy, or legal judgment; approves, approves with conditions or denies a subdivision or partition; or approves or denies a building permit. LEED (Leadership in Energy and Environmental Design). A nationally accepted benchmark for the design, construction and operation of high-performance, energy- efficient buildings. Light Industrial Manufacturing. The secondary processing of previously prepared materials into components or the assembly of components into finished products. In the Campus Industrial District this use is divided into categories as follows based upon the number of employees at occupancy: large-scale means 50 or more employees; medium- Attachment 4, Page 22 of 47 Page 23 of 24 June 24, 2021 scale means 20—49 employees; small-scale means fewer than 20 employees per business. These thresholds are applicable at the time of new development. In the case of redevelopment, the Director may reduce these thresholds if the applicant submits a business plan stating that the threshold can be met by a date certain. Linear Park. A public or private park that provides public access to trail-oriented activities, which may include walking, running, biking, or skating, and preserves open space. A linear park consists of a multi-use path, pedestrian trail, or bikeway, and related facilities. Listed Species. The Endangered Species Act provides for listing plant and animal species into the following categories: Listed Endangered Species and Listed Threatened Species. An endangered species is an animal or plant listed by regulation as being in danger of extinction. A threatened species is any animal or plant that is likely to become endangered within the foreseeable future. Live/Work Unit. An integrated dwelling unit and working space that is occupied and utilized by a single housekeeping unit in a structure that has been modified or designed to accommodate joint residential occupancy and work activity. The live/work unit must include complete kitchen and sanitary facilities in compliance with applicable building standards. The working space must be reserved for and regularly used by one or more occupants of the unit (e.g., professionals, entrepreneurs, and artists), in addition to any other employees. The commercial/employment use must be allowed only as permitted by the applicable zoning district. Loading Space. An off-street space or berth serving a business for the temporary parking of commercial vehicles while loading or unloading, while not block driveway aisles and having an appropriate means of ingress and egress. Lot. A portion of land shown as part of a recorded subdivision or any area of land described by metes and bounds in a recorded deed, record of survey or other appropriate document, recorded in the office of the County Recorder that complies with the provisions of the State of Oregon and this Code. Unless specifically exempted, land that is divided or reconfigured without having been approved in accordance with this Code cannot be deemed a buildable lot. Lot Coverage. The area of a lot, parcel, property, or development area covered with structure. Lot/Parcel, Corner. A lot/parcel abutting two or more streets at their intersection, in which the interior angle formed by the extensions of the street lines is 135 degrees or less. In the event that any street line is a curve at its point of intersection with a lot/parcel line other than a street line, the tangent of the curve at the point is considered the direction of the street line. Lot/Parcel Depth. The distance from the midpoint of the front lot/parcel line to the midpoint of the rear lot/parcel line. Lot/Parcel Dimension, North-South. The length of a line beginning at the midpoint of the northern lot/parcel line and extending in a southerly direction perpendicular to the northern lot/parcel line until it reaches a property boundary. Attachment 4, Page 23 of 47 Page 24 of 25 June 24, 2021 Lot/Parcel Frontage. That portion of a lot/parcel which abuts a street. For the purpose of determining yard requirements, all sides of a lot/parcel abutting a street is considered frontage. Lot/Parcel, Interior. A lot/parcel other than a corner lot/parcel and having frontage on only one street. Lot/Parcel Line. A line of record bounding a lot/parcel which divides one lot/parcel from another or from a public or private street or any other public space. Lot/Parcel Line, Front. The lot/parcel line abutting a street right-of-way. Where more than one lot/parcel line abuts street right-of-way, the property address determines the front lot/parcel line. For purposes of the solar access standards, it is the lot/parcel line abutting a street. For corner lots/parcels, the front lot/parcel line is that with the narrowest frontage. When the lot/parcel line abutting a street is curved, the front lot/parcel line is the chord or straight line connecting the ends of the curve. For a panhandle lot/parcel, the front lot/parcel line is the lot/parcel line that is most parallel to and closest to the street, excluding the handle portion of the lot/parcel. Lot/Parcel Line, Northern. The lot/parcel line that is the smallest angle from a line drawn true east-west and intersecting the northernmost point of the lot/parcel, excluding the handle portion of a panhandle lot/parcel. If the north line adjoins an un-developable area other than a required yard area, the northern lot/parcel line is at the north edge of the un-developable area. If two lot/parcel lines have an identical angle relative to a line drawn true east-west, then the northern lot/parcel line is a line 10 feet in length within the lot/parcel parallel with and at a maximum distance from the front lot/parcel line. Lot/Parcel Line, Rear. The lot/parcel line which is opposite and most distant from the front lot/parcel line. For a triangular shaped lot/parcel, the “rear lot/parcel line” is a line 10 feet in length entirely within the lot/parcel, connecting the side lot/parcel lines, which is parallel to the front lot/parcel line or parallel to the chord of a curved front lot/parcel line. Lot/Parcel Line, Side. Any lot/parcel line other than a front or rear lot/parcel line. Lot/Parcel, Minimum Area of. The smallest lot/parcel area established by this Code on which a use or structure may be located in a particular district. Lot/Parcel, Panhandle. A lot/parcel which has access to a public right-of-way by means of a narrow strip of land, commonly known as the “panhandle” or “handle.” Lot/Parcel, Pan Portion. The portion of a panhandle lot/parcel, exclusive of the handle, on which a structure may be placed. Lot/Parcel, Through. A lot/parcel which fronts upon two streets which do not intersect at the boundaries of the lot/parcel. Lot/Parcel Width. The horizontal distance between the midpoints of the side lot/parcel lines. The handle of a panhandle lot/parcel is not included when computing lot/parcel width. Attachment 4, Page 24 of 47 Page 25 of 26 June 24, 2021 Lowest Floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that the enclosure is not built to render the structure in violation of the applicable non-elevation design requirements. Low Impact Facility. Any public or semi-public facility that has minimal olfactory, visual or auditory impacts which is permitted subject to the design standards of this Code. M Maintain. To continue in existence; to preserve and care for a development area so that it remains attractive and functional in accordance with the provisions of this Code. Maintenance Inspection. A site inspection that identifies precisely what must be done to a development previously approved by the City in order to comply with standards and conditions in effect when the development was originally approved. Major Electrical Transmission Line. An electrical transmission line which carries 115 KV or more of electricity. Mall. A shopping center where stores front on both sides of a pedestrian way which may be enclosed or open. Manufactured Dwelling. A residential trailer, mobile home, or manufactured home. (1) Residential Trailer. A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy that is being used for residential purposes and was constructed before January 1, 1962. (2) Mobile Home. A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed between January 1, 1962 and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction. (3) Manufactured Home. A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, and was constructed on or after June 15, 1976 in accordance with federal manufactured housing construction and safety standards in effect at the time of construction. Manufactured Dwelling Park. Any place where 4 or more manufactured dwellings are located within 500 feet of one another on a lot/parcel or tract under the same ownership, the primary purpose of which is to rent space to any person for a charge or fee paid or to be paid for the rental use of facilities or to offer space free in connection with securing the trade or patronage of the person. Manufactured dwelling park does not include a lot located within an approved subdivision being rented or leased for occupancy by no more Attachment 4, Page 25 of 47 Page 26 of 27 June 24, 2021 than one mobile home per lot if the subdivision was approved by local government unit having jurisdiction under an ordinance adopted pursuant to ORS 92.010 to 92.190. Manufactured Dwelling Pad. A paved space in a manufactured dwelling park for the placement of a manufactured dwelling that includes utility connections. Manufactured Dwelling Space. Any portion of a manufactured dwelling park which is designated or used for occupancy of one manufactured dwelling, including its accessory structures and its outdoor living areas, but exclusive of space provided for the common use of tenants for example, roadways and guest parking. Manufactured Dwelling Space Line. A line within a manufactured dwelling park which establishes setback distances from streets, accessory buildings or structures and other manufactured dwellings. Marijuana. The plant Cannabis family Cannabaceae, any part of the plant of the Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae. “Marijuana” does not include industrial hemp, as defined in ORS 571.300. Marijuana Business. Any person or entity appropriately licensed by the Oregon Health Authority or the Oregon Liquor Control Commission that sells, produces, cultivates, grows, wholesales, processes, researches, develops or tests medical marijuana or recreational adult use marijuana within the City of Springfield. Marijuana Grow Sites. A specific location registered by the Oregon Health Authority and used by the grower to produce marijuana for medical use by a specific patient. Marijuana Items. Marijuana, cannabinoid products, cannabinoid concentrates and cannabinoid extracts. Marijuana Processing. The preparing, compounding, testing or conversion of marijuana into cannabinoid products, cannabinoid concentrates, and cannabinoid extracts for medical or recreational purposes. Marijuana Production. The manufacture, planting, cultivation, growing, or harvesting of marijuana as licensed by the Oregon Liquor Control Commission or Oregon Health Authority. Marijuana Retailer. A person or entity licensed by the Oregon Liquor Control Commission or Oregon Health Authority to sell marijuana items to a consumer in this state. Marijuana Retail Outlet. A business location that sells marijuana items to a consumer or patient. Marijuana Testing Laboratory. A laboratory that tests marijuana items for producer, processor, wholesaler or retail outlets. Marijuana Wholesaler. A person or entity that purchases marijuana items in this state for resale to a person other than a consumer. Attachment 4, Page 26 of 47 Page 27 of 28 June 24, 2021 Market Area. The geographic area from which a particular use can reasonably expect to attract customers. Master Planned Community. Add the def. from OAR 660-046-0020(10)? Medical Marijuana Dispensary. A medical marijuana facility or entity registered with the Oregon Health Authority under ORS 475.300. Metro Plan/Eugene-Springfield Metropolitan Area General Plan. The general land use plan and policies for the Eugene/Springfield metropolitan area including any subordinate refinement plan or functional plan. The controlling land use document for urban, urbanizable and rural land under the jurisdiction of the Metro Plan. Mid-Block Connector. A narrow street and/or a bicycle/pedestrian corridor not less than 20 feet in width that reduces larger blocks to more walkable dimensions (250 to 350 feet maximum). A mid-block connector may be a public right-of-way or privately owned and may include active use frontages with overlooking windows and pedestrian-level lighting. Limited service or parking access to the interior of a block is encouraged. On-street public parking may be provided, where feasible. Sidewalks may be located on each side of a two-way street or on one side for a one-way street. A non-vehicular connector must be designed as a “24-7” publicly accessible bicycle/pedestrian way. Middle Housing. Duplexes, triplexes, fourplexes, cottage cluster housing, and townhomes. Minerals. Includes soil, coal, stone, crushed hard rock quarry products, metallic ore and any other solid material or substance excavated for commercial, industrial or construction use from natural deposits. “Minerals” do not include loam, sand, gravel or other aggregate materials created and/or deposited by water movement. Minimum Level of Key Urban Services. The minimum level of facilities and services that are provided to an area in an orderly and efficient manner to allow urban development to occur. They consist of sanitary sewers, solid waste management, water service, fire protection, police protection, parks and recreation programs, electric service, land use controls, communications facilities, public schools on a district-wide basis, and paved streets with adequate provision for storm-water run-off and pedestrian travel. Mining Spoils. All waste materials, solid, rock, mineral, liquid, vegetation and other materials resulting from or displaced by quarry and mining extraction operations within the operating permit area, including all waste materials deposited in or upon lands within the operating permit area. Mini-Warehouse. A building or group of buildings in a controlled-access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled- access stalls or lockers for the storage of a customer's goods or wares. No sales, service, or repair activities other than the rental of storage units are permitted on the premises. Mixed-Use Building or Development. A building or development characterized by either a vertical or horizontal physical integration of uses. A mixed-use building is a Attachment 4, Page 27 of 47 Page 28 of 29 June 24, 2021 structure at least two stories in height that includes a mix of uses such as retail and office uses, residential and commercial uses, or commercial and light industrial uses. A mixed-use development includes multiple buildings, usually of multiple stories, designed to assure a diversity of compatible land uses that may include a mixture of residential, office, retail, services, recreational, live/work units, flex space uses, and other miscellaneous uses allowed in a zoning district. Modification. A request submitted to change a final approval of any development proposal or a modification as may be permitted to a Plan District development or building standards. Modification of application. The applicant’s submittal of new information after an application has been deemed complete and prior to the close of the record on a pending application that would modify a development proposal by changing one or more of the following described components: proposed uses, operating characteristics, intensity, scale, site layout (including but not limited to changes in setbacks, access points, building design, size or orientation, parking, traffic or pedestrian circulation plans), or landscaping in a manner that requires the application of new criteria to the proposal or that would require the findings of fact to be changed. It does not mean an applicant’s submission of new evidence that merely clarifies or supports the pending application. Motel. A building or group of buildings in which lodging is provided to guests for compensation, consisting of individual sleeping quarters, with or without cooking facilities, with separate entrances opening directly on a parking area. Multi-Use Path. A paved facility intended to be used by pedestrians, skaters (inline or roller), and bicyclists that has no or minimal cross-flow by motor vehicles. The multi-use path is generally designed for two-way travel. The multi-use path may be separated from and aligned with the public right-of-way within an easement or located within the public right-of-way. Multiple Unit Housing. Five or more dwelling units on an individual lot or parcel, except for Cottage Cluster housing, and not counting Accessory Dwelling Units (ADUs). N National Register of Historic Places. The official list, established by the National Historic Preservation Act, of sites, districts, buildings, structures and objects significant in the nation's history or whose artistic or architectural value is recognized. Native Plants, Native Vegetation. Plant species that are indigenous to a local area and adaptable to the local climate, soils and hydrology as distinguished from plant species that have been deliberately or accidentally imported or introduced from other areas by humans or human activities. Natural Resources. These include, but are not limited to, water and geologic features, significant natural vegetation, wildlife habitats and archaeological and scenic resources as inventoried in the working papers of the Metro Plan. Neighborhood Activity Center. Any public park or recreation facility, public or private school, government service, commercially zoned property, or mixed-use zoned property. Attachment 4, Page 28 of 47 Page 29 of 30 June 24, 2021 Neighborhood Park. A park, traditionally from 5 acres to 15 acres in size, which provides easily accessible recreation areas serving neighborhood citizens and providing high density active or passive use. Neighboring. The area in the immediate vicinity of a proposed development that would be materially affected by a proposal. Net Density. See “Density, net”. Noise Attenuating Barrier. A structural barrier designed and constructed with the primary function of containing sound within a specific use area. Noise Sensitive Property. Real property normally used for sleeping, or normally used for schools, churches, hospitals or public libraries, excluding industrially related residential uses, i.e., night watchman quarters. Non-Commercial Agricultural Uses. The raising of crops, plants or farm animals on property where allowed by this Code for the sole use of the owners or tenants of that property and not for wholesale or retail sale. Non-Exempt Tree or Vegetation. Vegetation that is not exempt from the solar access regulations. Notice. The announcement of a decision of the Director by mail to adjacent property owners/occupants within 300 feet of the subject property indicating the nature of the decision and the method of appeal; the announcement of a public hearing by mail to property owners/occupants within 300 feet of the subject property and advertisement in a newspaper of general circulation in the area, indicating the time, place and nature of the public hearing in compliance with ORS 197.762. NPDES. National Pollutant Discharge Elimination System. O OAR. Oregon Administrative Rule. Official Zoning Maps. Maps delineating the boundaries of the various zoning districts within the city limits and the City’s urbanizable area that are adopted by ordinance and maintained by the Development Services Department. Occupancy, Certificate of. A required certificate allowing occupancy of a structure or development area after it has been determined that the requirements of this Code and other applicable Codes have been met. No structure or development area may be occupied without having first received a Certificate of Occupancy. Open Space. Land or water essentially unimproved and set aside, dedicated, designed or reserved for public use or enjoyment, or for the use and enjoyment of owners and occupants of land abutting or neighboring the open space. Open Space, Common. Land normally within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include Attachment 4, Page 29 of 47 Page 30 of 31 June 24, 2021 recreational and other accessory structures and improvements in accordance with this Code. Open Space, Private. Areas intended for the private use of an individual dwelling unit, normally including patios and landscaped areas; not to include off-street parking, maneuvering, loading or delivery areas, and designed for outdoor living and recreation. Open Space, Public. Areas intended for public use, either privately owned and maintained or dedicated to the City, normally including swimming pools, recreation courts, patios, open landscaped areas, and greenbelts with pedestrian, equestrian, and bicycle trails, not to include off-street parking or loading areas or driveways, and designed for outdoor living and recreation or the retention of an area in its natural state. ORS. Oregon Revised Statutes. Outdoor Storage. The keeping in an unroofed area of any goods, junk, material, merchandise or vehicles for more than 24 hours. Outdoor Storage Area. A primary use that occurs on property for the purpose of outdoor storage of vehicles, equipment or materials, including, but not limited to, vehicle, equipment and boat sales or rental lots; commercial storage lots; mobile/manufactured home, camper and RV sales lots; fleet parking lots; and lumber, gardening, fuel and other similar building material yards. Outdoor Storage Yard. A secondary use that occurs on any property for the purpose of the outdoor storage of associated materials and equipment, other than wrecking yards. Outfall. The point of discharge from a river, pipe, drain or other device to a receiving watercourse. Overburden. The soil, rock and similar materials that lie above natural deposits or minerals. Owner. An individual, firm, association, syndicate, partnership or corporation having proprietary interest to seek development of land. P Parcel. This term includes a unit of land created by partitioning land as defined in ORS 92.010 that is in compliance with this Code and in the case of Property Line Adjustments, properties created by deed or land sales contract, if there were no applicable planning, zoning, or partitioning ordinances or regulations. A Parcel does not include a unit of land created solely to establish a separate tax account. Parking. The temporary storage of operational motor vehicles that are not for sale, lease or rent and which are intended to be used for customers and employees of a business and industry or residents and visitors in a residential development. Parking Bay. An extension of the width of a street that allows for the parking of motor vehicles, usually associated with hillside development. Attachment 4, Page 30 of 47 Page 31 of 32 June 24, 2021 Parking Lot. An off-street area with a permanently maintained paved surface, for the parking of motor vehicles. Parking Space. A permanently maintained paved surface with proper access for one standard size or compact automobile. Parking Space, Disabled. A parking space that is reserved for use by disabled persons who hold the appropriate permit issued by the Oregon Department of Motor Vehicles and/or the Springfield Police Department. Parking Space, Off-Street. An approved space for the parking of a motor vehicle which is not located on a dedicated street right-of-way. Partition Land. The division of land into two or three parcels within a calendar year, but does not include: (1) A division of land resulting from a lien foreclosure, foreclosure of a recorded contract for the sale of real property or the creation of cemetery lots; (2) An adjustment of a property line by the relocation of boundaries where an additional unit of land is not created and where the existing unit of land reduced in size by the adjustment is not in conflict with any applicable Ordinance; (3) A sale or grant by a person to a public agency or public body for State highway, county road, city street or other right-of-way purposes provided that the road or right- of-way complies with the applicable comprehensive plan and ORS 215.213(2)(q) to (s) and 215.283(2)(q) to (s). However, any property divided by the sale or grant of property for State highway, county road, city street or other right-of-way purposes continue to be considered a single unit of land until the property is further subdivided or partitioned; (4) The division of land resulting from the recording of a subdivision or condominium plat; or (5) A sale or grant by a public agency or public body of excess property resulting from the acquisition of land by the State, a political subdivision or special district for highways, county roads, city streets or other right-of-way purposes when the sale or grant is part of a property line adjustment incorporating the excess right-of-way into adjacent property. The property line adjustment must be approved or disapproved by the applicable local government. If the property line adjustment is approved, it must be recorded in the deed records of the county where the property is located. Partition Plat. A final map and other writing containing all the descriptions, locations, specifications, provisions and information concerning a partition. Party. The following persons or entities are defined as parties: (1) The applicant and all owners or contract purchasers of record, as shown in the files in the Lane County Department of Assessment and Taxation, of the property which is the subject of the application. Check procedures Attachment 4, Page 31 of 47 Page 32 of 33 June 24, 2021 (2) Any person who makes an appearance and/or submits testimony to the Approval Authority. Pedestrian Trail. A surfaced path that is designed and reserved for the exclusive use of pedestrian travel. Pedestrian Way. A paved right-of-way through a block to facilitate pedestrian access to adjacent streets and properties. Permanent Irrigation System. An approved water piping system installed underground for the purpose of irrigating all portions of landscaped areas. Permit. Discretionary approval of a proposed development of land. “Permit” does not include: (1) A limited land use decision; (2) A decision which determines the appropriate zoning classification for a particular use by applying criteria or performance standards defining the uses permitted within the zone, and the determination applies only to land within an urban growth boundary; (3) A decision which determines final engineering design, construction, operation, maintenance, repair, or preservation of a transportation facility which is otherwise authorized by and consistent with the comprehensive plan and land use regulations; or (4) An expedited land division. Person. An individual, corporation, governmental agency, business trust, estate, partnership, association, or any other legal entity. Petition for Improvement. A petition submitted for construction and improvements as required by this Code. Physical Features. These features include, but are not limited to, significant clusters of trees and shrubs, watercourses shown on the Water Quality Limited Watercourse Map and their riparian areas, wetlands and rock outcroppings. Pipeline. A line of pipe with pumps, valves and control devices for conveying liquid, gasses or finely divided solids. Place of worship. A place for people to gather for religious activity. Examples include church, synagogue, mosque, chapel, or meeting house. Includes associated uses as described in SDC 4.7.370. (ORS 227.500) Plan District. A planning tool that addresses concerns unique to an area when other zoning tools cannot achieve the desired results. An area may be unique based on natural, economic or historic attributes; be subject to problems from rapid transition in land use; or contain public facilities that require specific land use regulations for their efficient operation. Plan Districts provide a means to modify zoning regulations for specific areas defined in special plans or studies. Each Plan District has its own From ORS 227.160(2) Attachment 4, Page 32 of 47 Page 33 of 34 June 24, 2021 nontransferable regulations. This contrasts with base zone and overlay zone provisions, which are intended to be applicable in more than one area. However, Plan Districts are not intended for small areas or individual properties. Planning Commission. The Springfield Planning Commission. Planted. Landscaping with living plant materials consistent with SDC 4.4.100. Plat. A map, containing all the descriptions, locations, specifications, dedications, provisions or other information concerning a subdivision, partition or replat of either. Plot Plan. A rough sketch map of a site plan or land division of sufficient accuracy to be used for the purpose of the identification of issues and development impacts. Prefabricated Dwelling. A building or structural unit that has been in whole or substantial part manufactured at an off-site location to be wholly or partially assembled on-site, but does not include a mobile home, trailer or recreational vehicle. Prefabricated structures are regulated under the State of Oregon Structural Specialty Code. Preliminary Approval. The approval prior to Final Approval, after specific elements of a development or Site Plan have been approved by the Approval Authority and agreed to by the applicant. Preliminary Plan. A clearly legible drawing of the proposed lay out of the lots/parcels involved in a property line adjustment which provides a basis for the Approval Authority to approve or disapprove the application. Primary Structure. A structure of chief importance or function on a site. In general, the primary use is carried out in a primary structure. However, in the Low Density Residential District (unless specified elsewhere in this Code), a site may have more than one primary structure. The difference between primary and accessory structure is determined by comparing the size, placement, similarity of design, use of common building materials and the orientation of the structures on the site (See also Accessory Structure and Accessory Dwelling Unit). Private Elementary/Middle Schools. A facility operated by a person or private agency offering education in kindergarten and/or grades 1-8 or any part thereof not as defined in ORS 345.505 et. seq. Private Park. A park available for public use owned by a non-public agency or private individual. Properly Functioning Condition. The state of the physical, chemical, and biological aspects of watershed ecosystems that will sustain healthy salmonid populations. Properly functioning condition generally defines a range of values for several measurable criteria rather than specific, absolute values, including, but not limited to, hydraulic run-off, transport, channel migration, native vegetation succession. Property line. A line which divides one property from another or from a public or private street or any other public space. Attachment 4, Page 33 of 47 Page 34 of 35 June 24, 2021 Property Line Adjustment. The relocation of a common property line between two abutting properties. Public Facilities Plan. A Refinement Plan of the Metro Plan addressing sanitary and storm sewers, water distribution systems and transportation. The transportation element is addressed through the TransPlan. Public Hearing. A meeting announced and advertised in advance that is open to the public, with the public given an opportunity to provide testimony. Public Utility Facility. Structures, facilities and equipment necessary to serve development by a government, public utility, utility cooperative, or private company. (1) Low Impact. Telephone and cable telephone lines, poles, junction boxes, exchanges and repeater stations; electric power distribution lines (less than 69 KV) and poles; sanitary sewer pipe lines, pumps or lift stations; storm sewer pipe lines, ditches and other storm-water management or water quality ponds, wetland, or swales; gas distribution pipe lines; water pipe lines, valves, well fields, pump stations and attendant facilities; water reservoirs and water storage tanks less than 300,000 gallons or 30 feet in height, and water treatment facilities, including filtration plants, less than 2.5 million gallon capacity per day. (2) High Impact. Electric power transmission lines (greater than 69 KV), poles and substations; gas pipe line valve stations; sanitary sewer treatment plants or effluent ponds; water reservoirs and water storage tanks greater than 300,000 gallons or 30 feet in height; water treatment facilities, including filtration plants greater than 2.5 million gallon capacity per day; fire/ambulance stations. Q Quarry and Mining Extraction Operation. All or any part of the process of removing mineral deposits exposed by any method, including open-pit mining operations, auger mining operations, shaft mining, the construction of borrow pits, processing of extracted minerals and exploration activities. Expansion of a quarry and mining extraction operation is the enlargement of the operation requiring the modification of the Reclamation Permit specified under ORS 517.790. Quarry mining and extraction operation does not include normal road maintenance and stabilization of hillsides. Quarry and Mining Operator. Any individual, public or private corporation, political subdivision, agency, board or department of this State, any municipality, partnership, association, firm, trust, estate or any other legal entity whatsoever that is engaged in quarry and extraction operations. Quarry and Mining Owner. The person possessing legal rights to the mineral deposit being mined. R Reclamation. The employment of procedures in a quarry and mining extraction operation designed to minimize as much as practicable the impact the operations have on the environment, and to provide for the rehabilitation of land effected by the operations. Reclamation includes the rehabilitation of plant cover, soil stabilization, water Attachment 4, Page 34 of 47 Page 35 of 36 June 24, 2021 resource protection and other measures appropriate to the subsequent beneficial use of the mined and reclaimed lands. Reclamation Permit. Permission to operate a quarry and mining extraction operation (to include a plan for reclamation) granted to an operator by the State Department of Geology and Mineral Industries under the requirements of ORS 517.790, upon referral, review and approval by the Director. Recreation Center, Community. A public, indoor facility providing for a variety of recreation/leisure-related activities, for example: swimming, meetings, court sports, arts and crafts, dancing, banquets, parties, games, day-care, classes/instruction, performances, fitness/exercise, and social referral services. Recreational Marijuana. Any marijuana intended for recreational use which meets all requirements for recreational marijuana contained in this Chapter, Oregon state law, and any other applicable law. Recreational Vehicle (RV). A vacation trailer or other unit, with or without motive power, which is designed for human occupancy and to be used temporarily for recreational, seasonal or emergency purposes and has a gross floor space of less than 400 square feet. The term includes camping trailers, camping vehicles, motor homes, park trailers, bus conversions, van conversions, tent trailers, travel trailers, truck campers and any vehicle converted for use or partial use as a recreational vehicle. The unit must be identified as a recreational vehicle by the manufacturer or converter. Redevelopment. A project that entails construction activities, occurs on a previously developed site and results in the addition or replacement of impervious surface. Redevelopment does not include: Maintenance activities; Construction Activities conducted to ameliorate a public health or safety emergency or natural disaster; and/or Construction Activities within an existing footprint to repair or replace a site or a structure damaged by a public health or safety emergency or natural disaster. Refinement Plan Diagram. A map contained in a Refinement Plan showing plan designations that are more specific than shown on the Metro Plan Diagram. Regional Headquarters. A building or portion of a building in which persons are employed in the regional management or direction of a business consisting of a number of divisions or a regional subsidiary of a corporate headquarters. The divisions can be either geographical or located within one building. To be considered a regional headquarters, the business must meet the applicable employee threshold specified elsewhere in this Code. Businesses that do not meet the applicable employee threshold is considered an administrative office. Regional Park. A large area of natural quality for outdoor recreation for example, swimming, boating, camping and picnicking, and for wildlife habitat and natural resource conservation. Generally comprising 100 acres or more, where 80 percent of the land is reserved for natural open space and 20 percent is used for recreation development. Registered or Certified Family Child Care Home. See Definition for Childcare Facility. Also see ORS 329A. Def from MS4 permit. Attachment 4, Page 35 of 47 Page 36 of 37 June 24, 2021 Registered Geologist. A person who is registered as a geologist by the State of Oregon. Replat, Major. The elimination and/or relocation of more than two exterior and/or interior common boundary lines or property lines within a recorded Subdivision; or an increase in the number of lots; or decrease of two or more lots within a recorded Subdivision. Replat, Minor. The elimination and/or relocation of no more than two exterior and/or interior common boundary lines or property lines within a recorded Subdivision or Partition; or a decrease of one lot/parcel within a recorded Subdivision or Partition. Relocation. A shift or rotation of a common boundary between two abutting lots or parcels. Research and Development. The study, testing, analysis, and development of products, processes, or services, including the manufacturing of products. This use is divided into categories as follows based upon the number of employees at occupancy: large-scale means 50 or more employees; medium-scale means 20-49 employees; small scale means fewer than 20 employees per business. These thresholds are applicable at the time of new development. In the case of redevelopment, the Director may reduce the at occupancy threshold if the applicant submits a business plan stating that the threshold can be met by a date certain. Reserve Strip. A strip of property, usually one foot wide, controlling access to a street. Residential Care Facility. A facility licensed under ORS 443.400 to 443.455 that provides residential care in one or more buildings on contiguous properties: (1) For six or more socially dependent individuals or individuals with physical disabilities; or (2) For fewer than six socially dependent individuals or individuals with physical disabilities if the purpose of the facility is to serve individuals with co-occurring behavioral health needs who are more appropriately served in smaller settings. Residential Home. A home licensed by or under the authority of the Department of Human Resources under ORS 443.400 to 443.825 which provides residential care alone or in conjunction with treatment or training or a combination thereof for five or fewer individuals who need not be related. Staff persons required to meet Department of Human Resources licensing requirements must not be counted in the number of facility residents, and need not be related to each other or to any other resident of the residential home. This definition includes residential treatment homes, residential training homes and adult foster homes. Residential infill. See “Infill, residential”. Residential use. Of, relating to, or connected with a residence or residences. Retail Sales. Establishments engaged in selling goods or services to the general public for personal or household consumption. Retail trade may include wholesale trade, but only as a secondary use. This can stay because no reference to relationship of occupants. This language can stay under HB 2583 because we are not regulating based on related or unrelated status ‐ this "need not be related" language just clarifies no relationship is considered. See new code section 3.2.235(D)(4). Attachment 4, Page 36 of 47 Page 37 of 38 June 24, 2021 Retaining Wall. An engineered structure constructed to hold back or support an earthen bank. Review Authority. The Director, Planning Commission, Hearings Official, or City Council of the City of Springfield. Right-of-Way. Land acquired by purchase, reservation, dedication, forced dedication, prescription or condemnation intended to be occupied by a street, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary/storm sewer and other similar facilities. Riparian Area. Riparian areas are vegetated areas (generally consisting of trees, shrubs, and grasses) located along both sides of water bodies and are transitional boundaries between land and water environments. Riparian zones act as buffers to protect surface waters from contamination and are habitats for a large variety of animals and birds. Riparian Area Functions. These functions include, but are not limited to, maintaining temperature; maintaining channel stability; providing flood storage; providing groundwater recharge; removing sediments; reducing contaminants, for example, excess nutrients, oils and grease, metals, and fecal coliform; moderating stormwater flows; and providing fish and wildlife habitat. Degraded riparian function means that one or more of the functions listed above are at risk. Roadway. The portion of a street right-of-way used for vehicular traffic. Rooming House. A building or portion thereof where lodging, but not meals, is provided for more than two weeks for compensation. This definition excludes bed and breakfast facilities. Run-Off. Water that flows across the land surface rather than being absorbed. S Safe Drinking Water Act (SDWA). A federal law established in 1974, to protect drinking water and its sources (rivers, lakes, reservoirs, springs, and ground water) and sets standards for drinking water quality and oversees the states, localities, and water suppliers who implement those standards. School. A building where individuals gather to receive educational instruction, either public or private, except as otherwise specifically defined in this Code. School does not include a childcare facility as defined in this Chapter. Screen. A visual barrier obscuring an abutting or neighboring structure or use by fencing, walls, berms, or densely planted vegetation. Service Station. An establishment selling fuel and oil for vehicles which may include the following additional services: selling, servicing and installing tires, batteries, accessories and related products; furnishing minor repair and service when conducted entirely within an enclosed building, and at which incidental services are conducted. “Minor repair and Attachment 4, Page 37 of 47 Page 38 of 39 June 24, 2021 service,” as used in this definition, is understood to exclude activities such as painting, bodywork, steam cleaning, tire recapping, and engine overhaul. Setback. An area where buildings and certain structures cannot be constructed, measured from the property line. A setback may be referred to as “yard”, as defined in this section, including “yard, front”, “yard, rear”, and “yard, side”. This definition does not include solar setback. Shade Point. The part of a building or non-exempt tree that casts the longest shadow onto the adjacent northern lots/parcels when the sun is at an altitude of 22.6 degrees and an azimuth ranging from 30 degrees east and west of true south; excluding a shadow caused by a narrow object, including, but not limited to, a mast or whip antenna; a dish antenna with a diameter of three feet or less; a chimney, utility pole, or wire. The height of the shade point is measured from the shade point to either the average elevation at the front lot/parcel line or the elevation at the midpoint of the front lot/parcel line. If the shade point is located at the north end of the ridgeline of a building oriented within 45 degrees of the true north-south line, the shade point computed according to the previous sentence may be reduced by 3 feet. If a structure has a roof oriented within 45 degrees of the true east-west line with a pitch that is flatter than 5 feet (vertical) in 12 feet (horizontal), the shade point will be the eave of the roof. If a roof has a pitch that is 5 feet in 12 feet or steeper, the shade point will be the peak of the roof. Shadow Pattern. A graphic representation of an area that would be shaded by the shade point of a building or vegetation when the sun is at an altitude of 22.6 degrees and an azimuth ranging between 30 degrees east and west of true south. Shared Use Path. A bikeway physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right-of-way or within an independent right-of-way. Shared use paths may also be used by pedestrians, skaters, wheelchair users, joggers, and other non-motorized users. Shelter Home. Any dwelling or facility maintained and operated for the boarding and housing of more than five abused or battered persons who are not related by blood or marriage to the owner/operator of the dwelling or facility. Shopping Center. A group of commercial establishments planned, developed, and managed as a unit with off-street parking and circulation provided on the property. Sidewalk. The portion of a street or highway right-of-way designated for preferential or exclusive use by pedestrians. Single Dwelling, Attached. See Townhome Single-unit Dwelling, Detached (SD-D). One dwelling unit on its own lot or parcel that does not share a wall with any other dwelling unit, other than an accessory dwelling unit. Single Room Occupancy (SRO’s). A building or buildings that provides living units that have separate sleeping areas. The building may or may not have separate or shared cooking facilities for the residents. For the purposes of determining residential density, four SRO rooms equal one dwelling. Fractional dwellings will be rounded to the next higher number, e.g., five SRO rooms equal two dwellings. SROs can be located in any Delete if removing solar setback standards? This is a problem under HB 2583, likely just need to regulate as a single dwelling unit. Move to special standards or leave here in def’s? Attachment 4, Page 38 of 47 Page 39 of 40 June 24, 2021 residential building [occupancy] including single unit homes, multiplexes, multi-unit housing, etc. Site Plan. The development plan for a development area that meets the standards of this Code. Siting Standard. A standard related to the position, bulk, scale, or form of a structure or a standard that makes land suitable for development. Siting standards include, but are not limited to, standards that regulate setbacks, dimensions, bulk, scale coverage, minimum and maximum parking requirements, utilities, and public facilities. Slope. An inclined ground surface, the inclination of which is expressed as percent of horizontal distance to vertical distance. Small Engine Repair. Maintenance and repair of household and non-automotive engines less than 100 cubic centimeters (cc’s) in displacement. Solar Access. Unobstructed exposure to direct sunlight, excluding limited obstruction as expressly permitted by this Code. Solar Access Height Limit. A series of contour lines establishing the maximum permitted height for non-exempt vegetation on lots/parcels affected by a Solar Access Guarantee. Solar Access Guarantee. A document issued by the city that describes the maximum height that non-exempt vegetation is allowed to grow on lots/parcels to which a solar access permit applies. Solar Feature. A device or combination of devices or elements that does or will use direct sunlight as a source of energy for heating or cooling of a building, heating or pumping of water, and generating electricity. Examples of a solar feature include a window oriented to within 45 degrees east and west of true south, a solar greenhouse, or a solar hot water heater. A solar feature may be used for purposes in addition to collecting solar energy, including, but not limited to, serving as a structural member or part of a roof, wall or window. A south-facing wall enclosing an unheated area, and without windows and without other features that use solar energy is not a solar feature for the purposes of this ordinance (for example, an unheated garage). Solar Setback. The distance from the northern lot/parcel line to the shade point, measured from the mid-point of the northern lot/parcel line and extending in a southerly direction. South or South-facing. True south or 20 degrees east of magnetic south. Springfield Municipal Code. Springfield Municipal Code, 1997 and any amendment thereto. Standard. A measure of physical attributes and/or policy conformance which must be satisfied in order to allow a proposed land use or development to be established or modified. Needed if solar setback standard removed? Attachment 4, Page 39 of 47 Page 40 of 41 June 24, 2021 Standard Construction Specifications. Standards governing the construction of all public improvements within the City, adopted by the Council, dated 1981, and as may be amended. Start of Construction. Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, for example, the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, including clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers, or foundation, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, for example garages or sheds not occupied as dwelling units or not part of the main structure. State. The State of Oregon. Stormwater. Water derived from a storm event or conveyed through a storm sewer water management system. Stormwater Best Management Practices (BMPs). (1) Nonstructural. Strategies implemented to control stormwater run-off that focus on pollution prevention, including, but not limited to, alternative site design, zoning and ordinances, education, and good housekeeping measures. (2) Structural. Engineered devices implemented to control, treat or prevent stormwater run-off pollution. Stormwater Management Plan. A policy document adopted and, as modified from time to time, approved by resolution of the City Council setting forth the policies and procedures to be used in reviewing development proposals that alter or affect the natural, pre-development flow of stormwater. These policies and procedures are to be applied to public and private improvements and allow City staff to provide certainty to developers and consultants to permit them to design and submit for approval safe, efficient, and cost effective stormwater management system projects within the City and its Urban Growth Boundary. Stormwater Management System. The structures, facilities, and practices utilized by the City and/or a development to control and manage the quantity and quality of groundwater discharges and surface water run-off, including stormwater run-off, non- storm generated run-off and floodwaters. Street. Any roadway and associated right-of-way that provides access to one or more lots/parcels and that is a part of the city-wide street system. Street, Improved. A street that includes a fully paved surface, curb, gutter, storm drainage, sidewalk, street trees (where applicable) and street lighting, all constructed to City standards. Attachment 4, Page 40 of 47 Page 41 of 42 June 24, 2021 Street, Private. Any roadway and associated land that is functionally similar to a public street, constructed to City standards, but not dedicated to the City. Street, Unimproved. A street that lacks any of the features of an improved street. Strip Commercial. Commercial development set in a linear pattern along one or both sides of a street. Structure. Anything constructed or built, any edifice or building or any kind or any piece of work artificially built up or composed of parts joined together in some definite manner. As used in SDC 3.3.400, Floodplain Overlay District, a walled or roofed building including a gas or liquid storage tank that is principally above ground. Structure, Parking. A parking garage located aboveground or underground consisting of two or more levels. Structure, Primary. A structure, or combination of structures, of chief importance or function on a site. In general, the primary use is carried out in a primary structure. A site may have more than one primary structure. The difference between primary and accessory structure is determined by comparing the size, placement, similarity of design, use of common building materials, and the orientation of the structures on the site. (See also Accessory Structure and Accessory Dwelling Unit.) Subdivide Land. To divide an area or tract of land into four or more lots when the area or tract of land exists as a unit or contiguous units of land under single ownership at the time of subdivision. Subdivision. Either an act of subdividing land, or an area or tract of land subdivided as defined in this Section. Subdivision Plat. A final map and other writing containing all the descriptions, locations, dedications, provisions and information concerning a subdivision. Sufficient Infrastructure. The following level of public services to serve new Triplexes, Fourplexes, Townhouses, or Cottage Cluster Housing development: (1) Connection to a public sanitary sewer system capable of meeting established service levels. (2) Connection to a public water system capable of meeting established service levels. (3) Access via public or private streets meeting adopted emergency vehicle access standards to a city’s public street system. (4) Storm drainage facilities capable of meeting established service levels for storm drainage. Sunchart. A photograph, or a scaled drawing prepared or certified by a licensed or certified architect, landscape architect, engineer, planner or utility solar technician, Michael comment Need to talk about matching code language with Section 4.2‐120. Attachment 4, Page 41 of 47 Page 42 of 43 June 24, 2021 showing the positions of the sun during different hours of the day and months of the year, and the southern skyline. A sunchart uses as coordinates a grid of the sun's altitudes in 10 degree increments and solar azimuths in 15 degree increments. Survey. The location of the legal boundaries of an area and the division of that area into lots or parcels, streets and other features with all necessary corners or dividing lines marked or monumented, prepared by a surveyor in accordance with State law. Surveyor. A registered professional land surveyor in the State of Oregon. T Tentative Plan. A clearly legible drawing of the lots or parcels and other elements of a partition or subdivision which provides a basis for the approval authority to approve or disapprove the general layout of the development. Time of Travel Zone (TOTZ). The area mapped pursuant to Oregon Health Division Delineation Certification #002R which identifies the time it takes groundwater to flow to a given well or wellhead. Top of Bank. For a given watercourse, the top of bank is the same as the “bankfull stage.” The “bankfull stage” is defined as the stage or elevation at which water overflows the natural banks of streams or other waters of the State and begins to inundate the upland. The ground elevations on both sides of the watercourse are examined and the lower grade break elevation; the elevation where water would leave the channel in a particular reach is used. The elevation of the lower bank controls the bank full elevation for a watercourse reach. The edge of the bankfull watercourse typically corresponds to the start of the floodplain. The start of the floodplain is often characterized by: (1) A berm or other break in slope from the watercourse bank to a flat valley bottom, terrace or bench; (2) A change in vegetation from bare surfaces or annual water-tolerant species to perennial water-tolerant or upland species; and (3) A change in the size distribution of surface sediments (e.g., gravel to fine sand) (Figure 6.1-D). Attachment 4, Page 42 of 47 Page 43 of 44 June 24, 2021 Figure 6.1-D. Indicators for Determining Bankfull Width In the absence of physical evidence, the 2-year recurrence interval flood elevation may be used to approximate the bankfull stage. Townhouse (Townhome). A dwelling unit constructed in a row of two or more attached units, where each dwelling unit is located on an individual lot or parcel and shares at least one common wall with an adjacent unit. A townhouse is also commonly called a rowhouse, attached house, or common wall house. Townhouse Project. One or more townhouse structures constructed, or proposed to be constructed, together with the development area where the land has been divided, or is proposed to be divided, to reflect the Townhouse property lines and any commonly owned property. Traffic Impact Study. An analysis of the effects of a proposed development on the transportation system, and of traffic impacts on neighboring properties. Traffic Study. A limited analysis of the operational aspects and traffic safety issues of a particular development area, including, but not limited to, on-site traffic circulation and access design and operation. Triplex. Three dwelling units on one lot or parcel. Units may be attached vertically or horizontally or detached. U Urban Growth Boundary. A site-specific line that separates urban or urbanizable land from rural land and which appears on the Metro Plan Diagram. Urban Land. Land which is located within an incorporated City. Urbanizable Land. All land outside the city limits but inside the Urban Growth boundary. Use. The purpose for which land and structures are arranged, designed, intended, occupied or maintained. Any activity taking place on land or in or on structures. Deleted: site Attachment 4, Page 43 of 47 Page 44 of 45 June 24, 2021 Use, Accessory. A use or uses within a primary commercial, office and/or employment building that is for the employees’ benefit and that does not generally serve the public, including, but not limited to, building maintenance facilities, central mail rooms, child care, conference rooms, employee restaurants and cafeterias, indoor recreation areas, and indoor recycling collection centers. The accessory use is not considered a secondary use and does not have to meet any percentage standard; however, the accessory use must be part of a primary use building. Use/Activity, Water-Dependent. A use or activity that requires access to the Willamette River for water-borne transportation, recreation, energy production, or source of water. Use/Activity, Water-Oriented. A use or activity whose attraction to the public is enhanced by a view of or access to the Willamette River. Use/Activity, Water-Related. A use or activity that is not directly dependent upon access to the Willamette River, but which provides goods or services that are directly associated with water-dependent land or waterway use, and which, if not located adjacent to the river, would result in a public loss of quality in the goods or services offered. Except as necessary for water-dependent or water-related uses or activities, residences, parking lots, spoil and dump sites, roads and highways, restaurants, businesses, factories, and mobile home parks are not generally considered dependent on or related to water location needs. Use Category. A grouping of land uses which have similar operating characteristics and land use impacts. Use, Nonconforming. The use of land or structures, or the size, height, location or number of structure, formerly permitted or otherwise lawful, but which currently does not comply with existing standards or provisions of this Code. Use, Permitted. Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district. Use, Primary. An activity or combination of activities of chief importance on the site. One of the main purposes for which the land or structures are intended, designed, or ordinarily used. A site may have more than one primary use. The primary use usually occupies more than 50 percent of the gross floor area of a building or more than 50 percent of a development area. Tree removal and timber harvesting are not primary uses within the Urban Growth Boundary. Use, Re-Use. Any change in use, tenancy or occupancy of a building. Use, Secondary. Any approved use of land or a structure that is incidental and subordinate to the primary use, and located in the same building or in the same development area as the primary use. No secondary use can occupy more than 50 percent of the gross floor area of a building or more than 50 percent of a development area occupied by the primary use. Secondary uses must not occur in the absence of primary uses. Secondary uses are not accessory uses. Use, Special. Any use of land or a structure which due to its operating characteristics or land use impact is permitted under prescribed conditions in the applicable zoning district. Attachment 4, Page 44 of 47 Page 45 of 46 June 24, 2021 Use, Temporary. A use established for a fixed period of time that does not involve the construction or alteration of any permanent structure. Use, Water Dependent. A use that requires access to the Willamette River for water- borne transportation, recreation, energy production, or source of water. Use, Water Related. A use that is not directly dependent upon access to the Willamette River, but which clearly benefits from the access. Utility Provider. Any agency or private company which provides the public with electricity, gas, heat, steam, communications, rail transportation, water, sewage collection, or other similar service. V Variance. An exception to a requirement of this Code. This definition does not include use variances; a variance cannot be used in lieu of a zone change. Vision Clearance Area. A portion of land established at street, alley, or driveway intersections in which nothing may obstruct the sight distance of motorists entering or leaving the intersection, unless specifically exempted by this Code. W Warehousing. The storage of finished and unfinished products and materials within an entirely enclosed building. This use may include facilities for regional wholesale distribution, if permitted by the applicable land use district. Waste Storage. A place where waste containers, including compactors, dumpsters, and garbage cans, are collectively stored. Waste storage includes, areas used to collect and store refuse or recyclable materials. Exempt from this subsection are waste storage areas for detached Single-unit Dwellings, middle housing types, and areas used for the temporary storage of wood pallets or cardboard. Watercourse. Rivers, streams, sloughs, drainages including intermittent stream and seeps, ponds, lakes, aquifers, wetlands and other waters of the State. This definition also includes any channel in which a flow of water occurs, either continuously or intermittently, and if the latter with some degree of regularity. Watercourses may be either natural or artificial. Specific watercourses that are protected by this Code are those shown on the water quality Limited Watercourse Map. Water Quality Limited Watercourses (WQLW). Those watercourses within the City and its urbanizing area that are specified on the WQLW Map. Waters of the State. These waters include lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Pacific Ocean within the territorial limits of the State of Oregon, and all other bodies of surface or underground waters, natural or artificial, inland or coastal, fresh or salt, public or private (excluding those private waters which do not combine or effect a junction with natural surface or underground waters), which are wholly or potentially within or bordering the State or within its jurisdiction. Existing definition in 6.1. Also see new draft code section 3.2.415(E). Attachment 4, Page 45 of 47 Page 46 of 47 June 24, 2021 Wellhead Protection. Implementation of strategies within a wellhead protection area to minimize the potential impact of containment sources on the quality of groundwater used as a drinking water source by a public water system. Wellhead Protection Area. A Drinking Water Protection Area for a groundwater- supplied drinking water source. Wellness Center. A facility, owned by a public agency, operated by a public or non- public agency or private individual or firm, offering wellness-related health services and/or treatment to the public, including, but not limited to, diabetes and health education classes, physical, speech and occupational therapy, and fitness and nutrition services, but excluding alcohol and drug rehabilitation facilities other than prevention education. Wetlands. Areas inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances to support, a prevalence of hydophitic vegetation typically adapted for life in saturated soil conditions. Wetlands include swamps, marches, bogs, and similar areas excluding those constructed as water quality or quantity control facilities. Wheel Stop. A permanent and secured device in each parking stall which blocks the front wheels of a vehicle. Wholesale Trade. Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, the individuals or companies. Wholesale trade may include retail trade as a secondary use when wholesale trade is the primary use. Wholesale trade does not include storage and sale of bulk fuel oil, bulk fuel, explosives or other hazardous material, or live animal sales other than small domestic pets when the sales are made from the premises. Wholesale trade by brokerage only, with no display or storage of merchandise on the premises, is considered a Business Office use. Windthrow. Trees felled by wind. Wireless Telecommunications Systems (WTS). The sending and receiving of radio frequency transmissions and the connection and/or relaying of these signals to land lines and other sending and receiving stations (cell sites), and including cellular radiotelephone, personal communications services, enhanced/specialized mobile radio, and commercial paging services. Terms and definitions associated with WTS facilities, and the standards that regulate their siting and design are found in SDC 4.3.145(E). Wooded Lot/Parcel. A lot/parcel or parcel 10,000 square feet or larger, above 670 feet in elevation, which contains more than 5 trees 8 inches or greater dbh. Working Day. Monday through Friday, exclusive of official City holidays. Wrecking Yard/Salvage Yard. Any lot/parcel or structure used for the storage, dismantling or sale of inoperable motor vehicles, trailers, machinery and/or building materials or parts. Attachment 4, Page 46 of 47 Page 47 of 47 June 24, 2021 Y Yard. For the purpose of establishing setbacks, yard is an open space on a lot which is unobstructed from the ground upward except as otherwise provided in this code. Yard, front. An open space extending the full width of the lot between the front facade of a building or the front of an unenclosed porch and the front lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this code. Yard, rear. An open space extending the full width of the lot between the rear facade of a building and the rear lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this code. Yard, side. An open space extending from the front yard to the rear yard between the side facade of a building and the nearest side lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this code. Yard, through-Lot/Parcel Rear Yard: The first 10 feet of land paralleling street right-of- way this is parallel to and most distant from the front yard property boundary used for address purposes. Yard, Street Side Yard: The first 10 feet of land paralleling street right-of-way, which intersects the front yard property boundary. Youth Hostel. Any building designed or intended to provide temporary accommodations for traveling young people. Z Zoning District. A specifically delineated area or district within the Urban Growth Boundary that implements the Metro Plan within which the use of land is regulated and development standards are applied. Attachment 4, Page 47 of 47 Page 1 of 3 June 24, 2021 Springfield Development Code Update Project Significant Code Change Summary Terminology Changes Existing Proposed new Number format change 3.2-100.A.1.a 3.2.100(A)(1)(a) Change in code terms Zoning Land Use District Single-family detached dwelling Single unit dwelling-detached Single-family attached dwelling/zero lot line Townhomes Duplex Defined to include any two units on a lot or parcel. Can be either attached or detached. Triplex Defined to include any three units on a lot or parcel. Can be either attached or detached. Fourplex Defined to include any four units on a lot or parcel. Can be either attached or detached. Middle Housing This is a new term that includes Duplex, Triplex, Fourplex, Townhomes, and Cottage Clusters. Added definitions for all of these housing types based on new state law for middle housing. Multi-family dwelling Multiple unit housing Low Density Residential (LDR) district R-1 land use district Medium Density Residential (MDR) district R-2 land use district Hight Density Residential (HDR) district R-3 land use district Development Issues Meeting Development Initiation Meeting Pre-application report Pre-application meeting Attachment 5, Page 1 of 3 Page 2 of 3 June 24, 2021 General code changes Standard Proposed Revision Phase 1 - Residential changes Middle Housing1 Allowed in LDR/R-1 district to be consistent with new middle housing state laws. Lot size Low Density Residential (LDR)/R-1 land use district Reduce minimum lot size from 4,500 square feet to 3,000 square feet to allow for the full range of density allowed by the Low Density Residential plan designation. Small Lot Residential (SLR) district With changes to allow middle housing in the R-1 district, this zoning district (which has not been applied anywhere) is no longer needed, nor does it comply with clear and objective standards for housing. Single unit dwellings, detached (formally Single- family homes (SFD’s)). No longer allowed in MDR/R-2, or HDR/R-3 land use districts. Changes in response to middle housing requirements and density standards. Duplex dwellings No longer allowed in HDR/R-3 district. Changes in response to middle housing requirements and density standards. Manufactured home parks Allowed in the R-2 district in addition to the R-1 district. Standards minimized. Solar setback standards (existing code section 3.2- 225) Proposed to be removed. Identified by Housing Code Audit as a barrier to development and recommended by the Housing Technical Advisory Committee to be removed. Single room occupancy use Allowed in R-1, R-2, and R-3 districts Clear and objective standards, in conformance with state law Housing approval path provided through clear and objective approval path, Type 1 approval process. Specific Development Standards (existing code section 4.7-100) Special Standards and Regulations for Certain Uses in Residential Districts (new code section 4.7.200-4.7.300). Updated for clear and objective standards, to meet state law, and to simplify code. Phase 2 – Employment Uses allowed by zoning district Move away from specific list of uses to broad categories of uses 1 See Middle Housing term in table above. Middle Housing includes duplex, triplex, fourplex, townhomes, and cottage clusters. Attachment 5, Page 2 of 3 Page 3 of 3 June 24, 2021 Lands changes Site Plan Review Clarify approval standards Minimum Development Standards (MDS) Reduce from two types, minor and major, to one type. Minimum Development Standards (MDS) Make clear and objective, Type 1 process. Phase 2 – Development Standards changes On-site lighting standards Require clear standards for full cut off light fixtures to reduce light pollution. Limit lighting types. Landscape standards Provide clear and objective standards. Parking standards On-site parking requirements reduced to reflect middle housing and accessory dwelling unit requirements. Phase 2 – Procedures changes Development Review Process and Applications (existing code sections 5.1- 100 - 5.4.100) Development Review and Procedures (new code section 5.1.100). Changed to provide clarity and specificity. Updated to conform with state law. Type 1 review process Clarified clear and objective process. Established Type 1 process for all housing as required by state law. Attachment 5, Page 3 of 3